Jammu: A Division Bench of the High Court of Jammu and Kashmir and Ladakh (Jammu Bench) on Monday directed the Ministry of Home Affairs to file the Action Taken Report/status report conveying its final decision about the prosecution sanction of IAS officers in the infamous Arms Licences Scam being investigated by the CBI before the next date of hearings.
The J&K govt on December 27, 2024 forwarded the Prosecution Sanction Proposal of three IAS officers to the MHA for its final decision.
Earlier, the MHA informed the High Court of J&K and Ladakh that the sanction for prosecution was granted against another IAS officer in the case of October 2018.
The High Court passed the directions while adjudicating a PIL.
In the petition, the petitioners have highlighted the lackadaisical approach of the J&K Government in not forwarding the Prosecution Proposals of eight IAS Officers against whom the CBI after completion of the investigation has sought Sanction for Prosecution to file charge sheets in the designated CBI Courts.
During the hearing of the PIL, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and M Zulkarnain Chowdhary appearing for the petitioners drew the attention of the Division Bench towards an order dated January 2 whereby MHA had been granted time to file its Status Report about Action Taken on the comments of UT of J&K sent on December 27, 2024 about three IAS Officers.
Advocate S.S. Ahmed vociferously argued that there is a deliberate/intentional delay in the matter both on the part of MHA as well as J&K Government because MHA has failed to comply with the directions of the Division Bench issued on January 2, 2025.
Advocate Ahmed further submitted that there are eight IAS Officers against whom CBI has sought Prosecution Sanction but the Govt. of J&K is trying to shield the high profile IAS Officers when CBI has prima facie established a case against them after an in-depth investigation.
Advocate S.S. Ahmed further submitted that he has also filed the response on behalf of the petitioners to the Status Report on December 27, 2024.
Senior AAG Mohsin Qadri appearing for the UT of J&K along with Senior AAG S S Nanda and submitted that GAD’s Status Report dated December 27, 2024 is yet to be considered by the Division Bench.
However, Advocate S.S. Ahmed submitted that on the last date of hearing AAG Raman Sharma had submitted a hard copy in the open court and the Division Bench referred to the Status Report in its order on January 2.
The Division Bench of the High Court issued the direction after considering the submissions of both sides.
The Division Bench however, directed the Registry to re-notify the instant PIL on March 20.
