E-Paper
Hearing in fake arms licence scam: HC expresses displeasure over absence of UT, Centre’s counsels
While hearing public interest litigation in the arms licence scam and non-grant of prosecution sanction against IAS officers allegedly involved in it, the division bench expressed displeasure over the non-representation of the UT administration and the Union of India.
A division bench of the Jammu & Kashmir and Ladakh high court comprising chief justice N Kotiswar Singh, and justice MA Chowdhary on Friday expressed displeasure over non-representation of the UT administration and the Centre in the fake arms licence scam.
While hearing public interest litigation in the arms licence scam and non-grant of prosecution sanction against IAS officers allegedly involved in it, the division bench expressed displeasure over the non-representation of the UT administration and the Union of India.
Their counsels were not present before the court when the PIL was taken up for hearing by the division bench.
Taking serious cognisance of the “non-serious attitude” of the UT administration and Union of India, the DB observed, “Neither the UT government is represented by any counsel nor there is any representation on behalf of the Union of India because of which this court is unable to pass any order.”
Advocate Rahul Raina appearing for the petitioners submitted that the PIL was of wide public importance and the UT administration was shielding the IAS officers allegedly involved in the scam.
He informed the court that the “administration was sitting over the prosecution sanction files against the IAS officers for the last more than two years and have also posted the tainted bureaucrats on prime positions whereas prosecution sanction was granted against officers of Jammu and Kashmir Administrative Services in 2021 and several charge-sheets have been filed in the CBI’s special courts in J&K”.
“There cannot be two laws in J&K UT for similarly situated people as IAS officers allegedly involved in arms licences scam are being shielded without any lawful justification when prosecution sanction has been granted in similar case of JKAS officers,” advocate Raina submitted before the DB.
He further submitted that petitioners in December 2023 filed a fresh application seeking impleadment of the CBI which is investigating both the FIRs pertaining to the scam, but no response has been filed either by the UT administration or by the Union of India.
At this stage the chief justice observed that the court is unable to pass any order in the absence of the counsels for the UT administration and the Centre.
He directed the registry to re-notify the matter on April 23.
On August 24, 2023, chief justice N Kotiswar Singh expressed “concern and surprise over the non-filing of the latest status report with regard to two CBI FIRs” in the scam.
Subsequently, the DB comprising the chief justice and justice MA Chowdhary had granted two-week time to the J&K administration to file status report on the two FIRs vis-a-vis sanction, which had to be accorded by the administration.
The arms licence scam involved several IAS and JKAS officers. In July 2021, the CBI had simultaneously raided multiple locations in J&K and Delhi in connection with a probe into an alleged illegal arms licence case.
The CBI had registered a case following the consent of the Jammu and Kashmir government and further notification from the central government in 2018.
A huge arms licence scam allegedly involving deputy magistrates was unearthed by ATS Rajasthan in 2017. It was being probed by the J&K Police before the CBI was handed over the case by the then governor, NN Vohra.
Arms licences in bulk were allegedly issued by the then deputy magistrates in J&K to non-residents on forged documents.
Between 2012 and 2016, deputy commissioners of various districts in J&K had fraudulently and illegally issued bulk arms licences in lieu of monetary consideration.
The Rajasthan ATS in 2017 had arrested over 50 people for their alleged involvement in the illegal issuance of arms licences. According to the ATS, over 3,000 permits were granted allegedly in the name of Army personnel.
The CBI had registered two cases on the request of the J&K government and further notification from Government of India and taken over the investigation of two FIRs on the allegations of bulk issuance of arms licences in the erstwhile state of J&K during the period 2012 to 2016.
