JAMMU , AUGUST ,24 :
The infamous Arms Licences Scam involving several IAS/JKAS Officers again echoed before the Division Bench of the High Court of J&K and Ladakh comprising Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary and the Counsel appearing for the petitioners Advocate Sheikh Shakeel Ahmed in PIL No.9/2012 titled Sheikh Mohd Shafi & Anr. V/s UOI & Ors pointed out that the Govt. of J&K has failed to file the latest Status Report of the prosecution sanctions as directed by the Division Bench on June 2nd, 2023 in respect of CBI cases bearing FIR Nos.RCCHG051201850006 and RCCHG05120185007.
When this much publicized PIL seeking directions to DoPT, GOI & Govt. of J&K to accord prosecution sanction in corruption cases including Arms Licence scam involving IAS/JKAS officers, came up for hearing through virtual mode, Advocate S.S. Ahmed with Advocate Rahul Raina invited the attention of the Division Bench towards order dated June 2, 2023 when Division Bench looking into the seriousness of the matter and the lackadaisical approach of J&K Govt in sitting over prosecution sanction files of CBI cases in two FIRs No.RCCHG051201850006 and RCCHG05120185007 had directed the Advocate General D.C. Raina, Sr. AAG S.S. Nanda and Sr. AAG Monika Kohli to file the latest status report as regards the aforesaid two FIRs wherein DoPT, GOI had in April, 2021 requested J&K Govt. to remove the deficiencies and re-submit the prosecution sanction proposal against IAS officers through single window system.
Advocate S.S. Ahmed vehemently argued that almost 03 months have elapsed but the Govt. of J&K did not deem it proper to comply the directions of the Court in a multi-crore Arms Licence Scam involving National Security. He further submitted that sanction with regard to JKAS officers has already been granted and with regard to IAS Officers, the Govt. of J&K is showing soft corner and not re-submitting the prosecution sanction proposal to DoPT, GOI and DoPT way back in April, 2021 had returned the proposal for removal of deficiencies by the J&K Government.
The Division Bench headed by Chief Justice N. Kotiswar Singh in the open court expressed concern and surprise over the non-filing of the latest status report with regard to two CBI FIRs bearing FIR Nos. RCCHG051201850006 and RCCHG05120185007 by the Govt. of J&K in a matter of wide public importance.
At this stage, Sr. AAG S.S. Nanda and Sr. AAG Monika Kohli appearing for Govt. of J&K prayed for two weeks further time to comply with the directions issued by the Division Bench on June 2, 2023.
The Division Bench comprising Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary after hearing both the sides observed and directed, “Needful in terms of order dated 02.06.2023 has not been done. Two weeks further time is granted to the respondents for doing the needful”.
DSGI Vishal Sharma appeared for DoPT, GOI. The Division Bench looking into the public interest involved in the matter, directed the Registry to re-notify the instant PIL on September 20, 2023.