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J&K arms licence scam: HC passes strictures over selective prosecution of bureaucrats
The court further directed that in case needful was not done well before the next date of hearing, it would have no option but to take coercive measures
The Jammu and Kashmir and Ladakh high court on Monday expressed serious concern over the pick-and-choose policy in granting prosecution sanction against bureaucrats in the infamous arms licence scam of Jammu and Kashmir. The court also expressed its displeasure in delay over the matter on “one pretext or the other”.
A division bench comprising chief justice Tashi Rabstan and justice MA Chowdhary reluctantly granted one month’s time to the Centre and the UT government for filing the status reports indicating steps taken for granting prosecution sanction with regard to the IAS officers and others against whom Central Bureau of Investigation (CBI) has sought sanction to produce challans in the designated courts.
The court further directed that in case needful was not done well before the next date of hearing, it would have no option but to take coercive measures.
After referring to the latest status report filed by the CBI in the case, the court expressed its grave concern over selective prosecution of IAS officers It observed that the CBI concluded in its investigation that the arms licensing authorities, i.e. district magistrates, gun house dealers and other middlemen had hatched a criminal conspiracy for issuance of arms licenses illegally in favour of ineligible persons by forging documents in lieu of monetary considerations, yet the competent authorities including the Union ministry of home affairs have not accorded sanction for prosecution of IAS officers particularly influential bureaucrats for the several years.
“It seems that the prosecution sanction is being given by these authorities on the basis of pick-and-choose basis as big fishes are still roaming free and the matter is being delayed on one or the other pretext, which is a matter of grave concern,” the court observed.
The bench also expressed serious concern over the dilatory tactics adopted by the Jammu and Kashmir government for sitting over the matter.
CBI in its report has 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.
The court further observed that though the status report of CBI reveals that prosecution sanction in respect of certain bureaucrats have been accorded yet prosecution sanction in respect of over half a dozen IAS officers was still pending before the government..
At this stage, senior additional advocate general SS Nanda, appearing for UT government, produced a communication dated November 20 issued by under secretary, general administration department (GAD) stating that the matter is still under examination/consultation with the Department of law, justice and parliamentary affairs and, thus, prayed for more time to do the needful.
Deputy solicitor general of India Vishal Sharma, appearing for teh Centre, also sought more time.
The court reluctantly granted one month time for doing the needful well before the next date of hearing but with a warning that failing to abide by the directions, it would take coercive measures.
The matter has been listed for December 30.
The case pertains to the issuance of over 2.74 lakh gun licenses by district magistrates in Jammu and Kashmir between 2012 and 2016, allegedly for monetary gains. The CBI has filed charge sheets against JKAS officers, gun dealers, and middlemen but awaits prosecution sanction to proceed against IAS officers.
