Infamous Arms Licence Scam: J&K Govt Fails To Submit Status Report Despite DB’s Directives

JAMMU, Sep 20 : In the much publicized Public Interest Litigation (PIL No. 09/2012) titled Sheikh Mohd. Shafi & Anr V/s Union of India and Ors highlighting the lackadaisical approach of the Govt. of J&K in granting/processing prosecution sanction in corruption cases involving Senior Bureaucrats, the General Administration Department (GAD) has failed to place before the court the current status of two CBI cases bearing FIR Nos. RCCH G051201850006 and RCCH G05120185007 (Infamous Arms Licence Scam) as the Division Bench comprising Chief Justice N. Kotiswar Singh and Justice Puneet Gupta vide order dated June 2, 2023 had directed Sr. AAG S.S. Nanda appearing for Govt. of J&K to file a Status Report as regards aforesaid two CBI FIR’s before the next date of hearing i.e July 26, 2023.
However, the needful was not done and the Division Bench comprising Chief Justice N. Kotiswar Singh and Justice M.A. Chowdhary on August 21, 2023 on the request of Sr. AAG S.S Nanda had reluctantly allowed two weeks further time to Govt. of J&K for doing the needful and the matter was kept for hearing on Sept. 18, 2023. Despite the opportunities granted by Division Bench on two consecutive hearings, the GAD has failed to file the latest status of the two CBI FIR’s regarding Infamous Arms Licence Scam wherein CBI has prima facie found the involvement of several IAS officers serving in J&K.

DSGI Vishal Sharma appearing for DOPT, Govt. of India on 2nd June, 2023 informed the Division Bench that the prosecution proposal of IAS Officers allegedly involved in Arms Licence Scam was received from J&K Govt. by DOPT in April, 2021 and in view of several deficiencies, the said proposal was returned by DOPT in December, 2021 to the Govt. of J&K to rectify the defects and resubmit the proposal of prosecution sanction through Single Window System as per the new guidelines issued by DOPT, Govt. of India.
DSGI Vishal Sharma had also placed on record the various communications showing several reminders issued to J&K Government to expedite the submission of the rectified prosecution sanction proposal with regard to IAS Officers allegedly involved in Arms Licence Scam. He further submitted that ball is in the Court of J&K Government and the needful has to be done by the said Government only.
It is worthwhile to mention herein that the Govt. of J&K has already granted prosecution sanction against the JKAS Officers in the said scam but with regard to IAS Officers, the Govt. of J&K has not reverted so far to DOPT, Govt. of India.
Even the Govt. of J&K has failed to comply the directions of the Division Bench issued on June 2, 2023 and August 21, 2023.
Due to paucity of time, the Division Bench headed by Chief Justice N. Kotiswar Singh could not consider the matter on Sept 18, 2023 and the matter has been renotified for November 6, 2023.