HC Quashes Criminal Case Against Ex-SMHS Medical Superintendent

SRINAGAR: The High Court of Jammu and Kashmir has quashed criminal proceedings against Dr Waseem Qureshi, former Medical Superintendent of SMHS Hospital, Srinagar, in a 2007–09 embezzlement case involving over Rs 1 crore, citing lack of mens rea and ratification of his actions by competent authorities.

Justice Sanjay Dhar observed that while procedural irregularities may have occurred, Dr Qureshi’s decision to utilise Rs 16.45 lakh from the Hospital Development Fund during the 2008 Amarnath land agitation was made in response to a public health emergency. The expenditure was later ratified by the Hospital Development Committee and local MLAs.

The Court noted that Dr Qureshi was neither the Drawing and Disbursing Officer nor responsible for maintaining cash books, and that mere lack of supervision did not amount to criminal conspiracy. Departmental inquiries had also exonerated him, with only a warning issued.

Citing the Supreme Court’s ruling in Ashoo Surendranath Tewari v. CBI (2020), the bench held that continuing prosecution after departmental exoneration would amount to abuse of process. [KNT]