J&K arms licence scam: HC expresses anguish over ‘tainted’ IAS officer heading dept
The division bench remarked to Additional Advocate General (AAG) Raman Sharma appearing for GAD that the said IAS officer should be removed immediately as his name figured in the CBI chargesheet
The high court of Jammu and Kashmir and Ladakh has expressed its deep displeasure over J&K government appointing a ‘tainted’ IAS officer on the coveted post of commissioner secretary of general administration department (GAD), who was allegedly involved in the infamous arms licence scam.
Adjudicating PIL No. 09/2012 on March 20, a division bench (DB) of the high court comprising chief justice Tashi Rabstan and justice MA Chowdhary, expressed its deep anguish and displeasure in the open court when advocate Sheikh Shakeel Ahmed appearing for the petitioners informed that the government of J&K has posted a tainted IAS officer to the coveted position.
He informed that the CBI has already sought prosecution sanction in the arms licence scam against the IAS officer M Raju.
The DB remarked to Additional Advocate General (AAG) Raman Sharma appearing for GAD that the said IAS officer should be removed immediately as his name figured in the CBI chargesheet.
“Is there dearth of honest and upright IAS officers in J&K?” DB asked the AAG, who submitted that there may be a suspicion against the officer.
AAG Raman Sharma also submitted that M Raju has recused himself from this matter.
During arguments, advocate Ahmed, appearing for the petitioners, submitted that despite categoric directions of the Division Bench, the GAD sent incomplete prosecution proposals of three IAS officers namely Yasha Mudgal, Dr. Shahid Iqbal Choudhary and Niraj Kumar on December 27, 2024 to the ministry of home affairs (MHA) for taking final decision in the matter.
However, MHA in its latest status report dated March 8 has informed the Division Bench that vide a letter dated February 21, it has requested J&K Government under intimation to CBI to furnish complete proposals for considering grant of sanction for prosecution against the three IAS officers (Yasha Mudgal, Shahid Iqbal Choudhary, and Niraj Kumar).
MHA has also sought relevant enclosures, DVDs along with the authenticated copies of the FIRs, disclosure statements, statements of witnesses, recovery memos, investigation report, executive summary of investigation report, draft sanction order, written statement of defence from the accused officer along with specific comments of the IO within one week of the letter.
Advocate Ahmed further submitted that the MHA in its status report has also enclosed a communication dated February 12 addressed to the chief secretary of J&K wherein it has been stated that the CBI’s proposals for grant of prosecution sanction against M Raju, (the then district magistrate Kargil and Prasanna Ramaswamy G (the then district magistrate Leh) may be forwarded to the MHA with the administrative approval of the lieutenant governor of Ladakh.
Advocate SS Ahmed further submitted that all out effort is being made to shield the IAS officers involved in scam since March 202.
The CBI is pressing for prosecution sanction and every time incomplete proposals are sent by GAD to MHA so that the high profile bureaucrats are saved from the prosecution, contended advocate Ahmed.
The DB took note of the MHA’s latest status report and directed the UT of J&K to positively file the action taken report on the communication of MHA.
It also directed the CBI to file the latest status report well before the next date of hearing.
The Division Bench also directed both the sides to complete their pleadings before the next date and directed the Registry to list the instant PIL for final hearing on April 24.
CBI had revealed that during the period between 2012 to 2016 approximately 1.53 lakh arms licences 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 then district magistrates on forged documents.
Accordingly, the CBI had sought prosecution sanction against nine IAS officers.
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.
