- ARMS LICENSE SCAM
STATE TIMES NEWS
JAMMU: Expressing serious concern over the pick and choose policy in granting prosecution sanction in the infamous Arms License Scam and delaying the matter on one pretext or the other, a Division Bench of High Court of J&K and Ladakh at Jammu comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary reluctantly granted one month’s time to Government of India and J&K Government for doing the needful by filing the status reports indicating the steps taken for granting prosecution sanction with regard to IAS officers and others against whom CBI has sought sanction to produce challans in the designated CBI courts.
The Division Bench headed by Chief Justice Tashi Rabstan and Justice M.A. Chowdhary after hearing Advocate S.S. Ahmed with Advocates Supriya Chouhan, Rahul Raina and Zulkarnain Chowdhary appearing for the petitioners in the much publicized Public Interest Litigation (PIL No.9/2012) titled Sheikh Mohammed Shafi and Anr. Vs Union of India and Ors., further directed that in case needful is not done well before the next date of hearing, failing which the Court would have no option but to take coercive measures.
The Division Bench after referring the latest status report filed by CBI in case FIRs RCCHG051201850006 and RCCHG051201850007 while expressing its grave concern/displeasure over selective prosecution in the Arms License Scam observed that CBI has concluded after investigation that the 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 Ministry of Home Affairs have not accorded sanction for prosecution of IAS officers particularly influential bureaucrats for the last many years.
The Division Bench further observed that it seems that the prosecution sanction is being sanctioned 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 Division Bench also expressed serious concern over the dilatory tactics adopted by the J&K Government for sitting over the matter and observed that now after taking number of opportunities under different pretexts, the CBI has filed the status report on October 15, 2024 averring therein that investigation was got conducted district wise looking into role of each licensing authority for illegal issuance of Arms License for the period 2012 to 2016. CBI in its report has further 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 Arms Licenses were issued in 12 districts of Kashmir Division.
At this stage, Senior AAG S.S. Nanda appearing for J&K Govt. produced a communication dated November 20, 2024 from Under Secretary to Govt. 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 certain more time to do the needful and DSGI Vishal Sharma appearing for Union Of India also sought some time on the same lines.
The Division Bench comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary reluctantly granted one month more time to Senior AAG S.S. Nanda and DSGI Vishal Sharma appearing for J&K Govt. and Union of India for doing the needful well before the next date of hearing, failing which this Court would have no option but to take some coercive measures.
Looking into the public interest involved in the matter, the Division Bench directed the Registry to re-notify the instant PIL on December 30, 2024.
