Arms licence scam: HC directs MHA to convey its decision on prosecution sanction of IAS officers

The IAS officers have been identified as Shahid Iqbal Choudhary, the then district magistrate, Udhampur; Niraj Kumar, the then district magistrate, Udhampur, and Yasha Mudgal, the then district magistrate, Udhampur

A division bench of the high court (HC) of Jammu & Kashmir and Ladakh comprising chief justice Tashi Rabstan and justice MA Chowdhary has directed the Union home ministry to file status report and convey its final decision with regard to the prosecution sanction of three IAS officers, allegedly involved in infamous arms licence scam.

On December 31 last year, CBI in its report, revealed that during the period between 2012 to 2016 approximately 1.53 lakh arms licenses were issued in 10 districts of Jammu division and approximately 1.21 lakh in 12 districts of the then Kashmir division, allegedly for monetary gains by the district magistrates. (File)

The IAS officers have been identified as Shahid Iqbal Choudhary, the then district magistrate, Udhampur; Niraj Kumar, the then district magistrate, Udhampur, and Yasha Mudgal, the then district magistrate, Udhampur.

The case is being investigated by the Central Bureau of Investigation (CBI).

On December 31 last year, CBI in its report, revealed that during the period between 2012 to 2016 approximately 1.53 lakh arms licenses were issued in 10 districts of Jammu division and approximately 1.21 lakh in 12 districts of the then Kashmir division, allegedly for monetary gains by the district magistrates.

It may be stated here that the CBI had sought prosecution sanction against eight IAS officers, allegedly involved in the infamous arms license scam.

The DB directed advocate Sumant Sudan, who appeared on behalf of the department of personnel and trainings in the home ministry, to file action taken report/status report and convey its final decision with regard to the prosecution sanction of IAS officers in case FIR No.RCCHGO51201850006 dated October 16, 2018 being investigated by CBI before the next date of hearing.

The government of J&K, on December 27 last year, forwarded the prosecution sanction proposal of the three IAS officers to the home ministry for its final decision. Earlier, the home ministry, on November 28 last year, had informed the HC of J&K and Ladakh that the sanction for prosecution was granted against Rajeev Ranjan, the then DM, Kupwara, presently posted as commissioner secretary revenue department.

The latest directions of the high court were issued on February 13 and uploaded on official site on Monday.

The petitioners in the public interest litigation (PIL) titled Sheikh Mohammad Shafi & Anr. V/s Union of India & others, have highlighted the lackadaisical approach of the J&K government in not forwarding the prosecution proposals of eight IAS officers against whom the CBI, after completion of investigation, has sought sanction for prosecution to file charge sheets in the designated CBI courts.

When this PIL of wide public importance came up for hearing, advocate Sheikh Shakeel Ahmed drew the attention of the division bench towards order dated January 2 whereby home ministry had been granted time to file its status report with regard to action taken on the comments of UT of J&K sent vide communication dated December 27 last year with regard to three IAS officers-- Shahid Iqbal Choudhary, Niraj Kumar and Yasha Mudgal.

Advocate Ahmed argued that there is deliberate delay in the matter both on the part of home ministry as well as J&K government, because home ministry has failed to comply the directions of the division bench issued on January 2.

He further submitted that there were eight IAS officers against whom CBI has sought prosecution sanction but the J&K government was trying to shield the high profile IAS officers when CBI has prima facie established case against them after in depth investigation. The other IAS officers include Prasanna Ramaswamy G, the then district magistrate, Leh; M Raju, the then district magistrate, Kargil; Jitendra Kumar Singh, the then District Magistrate, Rajouri; Ramesh Kumar, the then district magistrate, Kathua.

Advocate Ahmed further submitted that he has also filed the response on behalf of the petitioners to the status report dated December 27, 2024 filed by the GAD.

The DB also heard the counsels of J&K government and Centre and directed the home ministry to file status report conveying its final decision with regard to the prosecution sanction of Shahid Iqbal Choudhary, Niraj Kumar and Yasha Mudgal.

Looking into the importance of the matter, the division bench directed the registry to re-notify the instant PIL on March 20.