Srinagar, Oct 23 (KNS): A Srinagar court has discharged Dr. Afshan Shabir, a former Assistant Professor at Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Soura, in a criminal case alleging cheating and false declaration over her appointment, holding that the material presented by the prosecution did not make out the offences against her.

After hearing prosecution and defence counsel Advocate Husnain Khwaja, Court of Forest Magistrate, Srinagar, presided over by Mohammad Ishtiyaq Alam Baba, held that the allegations of cheating and making false declaration was not prima facie established.

The court further observed that SKIMS is an autonomous body and that the prosecution had failed to place material showing any harm, loss or injury suffered by the institute due to the alleged acts of the accused.

The case pertains to FIR No. 76 of 2022 registered by the Economic Offences Wing of Crime Branch Kashmir. The prosecution alleged that Dr Shabir, who holds Overseas Citizen of India (OCI) status and a British passport, had concealed her citizenship status while applying for the post of Assistant Professor in Geriatric Medicine at SKIMS.

The prosecution argued that she was ineligible for public employment under Article 16 of the Constitution and Section 7-B of the Citizenship Act, 1955, and that the alleged non-disclosure amounted to cheating and making a false statement in a declaration.

Rejecting the prosecution's case at the stage of consideration of charge, the court examined the legal status of SKIMS, the applicable recruitment framework and the provisions governing OCI cardholders.Click Here To Follow Our WhatsApp Channel

Referring to judgments of the Supreme Court and the Jammu and Kashmir High Court, the court observed that SKIMS is an autonomous institution and does not constitute a government department merely because it is managed or funded by the government. It held that the appointment in question could not, on that basis, be treated as an appointment to public service in connection with the affairs of the Union or a State.

The court also relied on a Central Government notification dated January 5, 2009, which permits OCI cardholders to pursue specified professions in India, including medicine, subject to the relevant laws. It noted that the SKIMS recruitment advertisement had not expressly restricted eligibility to Indian citizens.

On the charge of cheating, the court emphasised that the alleged deception must be accompanied by harm or damage, or the likelihood of such harm, to the person allegedly deceived. It observed that SKIMS had not complained of any loss or injury and that the charge sheet contained no material prima facie establishing such harm.

The court further held that the affidavit and undertaking submitted by Dr. Shabir after her appointment did not require disclosure of her nationality and that the documents did not contain a false statement on that aspect.

Concluding that the alleged offences were not made out, the court discharged Dr Shabir under Sections 199 and 420 of IPC and directed that her bail and surety bonds stand discharged. (KNS)