E-Paper
Arms licence scam: File status of 2 FIRs by July 26, HC tells J&K govt
A division bench of high court of J&K and Ladakh has directed J&K government to file the status report with regard to two CBI cases pertaining to the arms licence scam by or before July 26
A division bench of high court of J&K and Ladakh comprising chief justice N Kotiswar Singh and justice Puneet Gupta has directed the government of Jammu and Kashmir to file the status report with regard to two Central Bureau of Investigation (CBI) cases pertaining to the arms licence scam by or before July 26.
The two FIRs pertaining to the infamous scam are being investigated by CBI. The CBI has sought prosecution sanction of IAS officers allegedly involved in the scam.
The significant directions were issued in the much publicised public interest litigation titled Sheikh Mohammad Shafi & Anr versus Union of India & others in which the petitioners highlighted the lackadaisical approach of the J&K government in granting prosecution sanctions against tainted bureaucrats involved in several scams including arms licenses scam.
During the proceedings, advocate Sheikh Shakeel Ahmed invited attention of the division bench towards four compilations filed by advocate general DC Raina and two status reports filed by anti-corruption bureau and general administration department highlighting that as on date prosecution sanction was awaited in more than 35 FIRs.
He also pointed out that with regard to three IAS officers- Shahid Iqbal Choudhary, the then DM Udhampur, Niraj Kumar, the then DM Udhampur and Rajeev Ranjan the then DM Kupwara- the proposal for prosecution sanction was forwarded to the department of personnel and training (DoPT) in April 2021.
Advocate Ahmed vehemently argued that DoPT initially on June 14, 2021 followed by reminders dated December, 31, 2021; May, 13, 2022; March, 24, 2023 and April, 17, 2023 wrote to the chief secretary of J&K contending therein that from the set of documents provided with the proposal, the checklist under single window in terms of latest instructions contained in letter No.142/4/2012-AVD.I dated July 28, 2014 has not been furnished alongwith the proposal for sanction for prosecution under the prevention of corruption act.
The DoPT returned the same to the J&K government to send a complete proposal with supporting documents through single window system.
Ahmed further submitted that since June 2021, the J&K government is sitting over the matter of wide public importance as the case is related to national security and the delinquent officers are accused of issuing arms licenses illegally for extraneous considerations while they were performing the duties as district magistrates in militancy infected J&K.
Advocate Ahmed further submitted that prosecution sanction with regard to officials of J&K Administrative Services for similar offences has been accorded by the J&K Government but there is an attempt to shield the IAS officers and for this reason only the J&K Government is sitting over the matter.
Advocate General DC Raina assisted submitted that with regard to two CBI FIRs pertaining to the scam, the J&K government is examining the matter as the arms licenses have been reportedly issued by the DMs to the army personnel and for this reason the issue is being examined.
On the other hand Advocate Ahmed submitted that there can be no disparity in the case as with regard to JKAS Officers the prosecution sanction in the same FIRs has been granted and different treatment is being given to IAS Officers in order to shield them from prosecution.
At this stage deputy solicitor general of India (DSGI) Vishal Sharma submitted that there is a set protocol devised by DoPT Govt. of India and DoPT has been writing several communications since June, 2021 to the J&K government to follow the guidelines and submit the proposal of three IAS Officers in two CBI FIRs with supporting documents through single window system but the needful has not been done till date.
He further submitted that as on today there is no prosecution proposal pending with the DoPT. The DB observed that “status report has been filed today”.
“However, it appears that in respect of CBI cases bearing FIR RCCHGO51201850006 and No. RCCHGO51201850007, the prosecution sanction is awaited due to the alleged lack of documents as pointed out by the Union of India”.
With these observations, the DB directed the government of J&K to file the status report with regard to the aforesaid two CBI FIRs before the next date of hearing, ie, July 26.
On Thursday, DB had expressed its concern over delay on the part of J&K government in forwarding proposal for grant of prosecution sanction with regard to IAS officers.
It may be recalled here that 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 license case.
The CBI had registered a case following the consent of Jammu and Kashmir government and further notification from the central government in 2018.
A huge arms license scam allegedly involving deputy magistrates and was unearthed by the ATS Rajasthan in 2017. It was being probed by the J&K police before CBI was handed over the case by the then governor NN Vohra.
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.
In December 2019 too, CBI had carried out searches at over a dozen locations in Srinagar, Jammu, Gurgaon and Noida on the premises of the then deputy magistrates of Kupwara, Baramulla, Udhampur, Kishtwar, Shopian, Rajouri, Doda, Pulwama, and several other places.
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.
CBI had registered two cases on the request of J&K Government and further notification from Government of India, and taken over the investigation of two FIRs (number 18 of 2018 dated May 17, 2018 earlier registered at Police Station Vigilance Organisation Kashmir (VOK) and FIR number 11 of 2018 dated May 17, 2018 of Police Station Vigilance Organisation Jammu (VOJ) on the allegations of bulk issuance of arms licenses in the erstwhile State of J&K during the period 2012 to 2016.
It was alleged that more than 2.78 lakh arms licences were issued to the non-entitled persons. CBI also collected documents pertaining to the issuance of said armed licences allegedly spread over 22 districts of the erstwhile state of J&K.
Following CBI raids in July 2021, IAS officer and former deputy magistrate of Srinagar, Shahid Iqbal Choudhary, whose official residence in Srinagar was also searched, had issued a clarification on his Twitter handle.
“With reference to media reports I’ve to confirm that CBI did search my residence & found nothing incriminating in ongoing arms license probe. Media friends may note the probe covers 4 years across all districts. I am fully answerable to CBI for my tenure. Stats from my tenure are below” he had wrote while appending the figures of arms licences issued by him as deputy magistrate of Reasi, Udhampur and Kathua between 2012 and 2016.
