DB directs Govt to file latest ATR in cases awaiting prosecution sanction against bureaucrats
PIL highlighting non-grant of prosecution sanction in corruption cases
STATE TIMES NEWS
JAMMU: In a significant order, a Division Bench of Jammu & Kashmir and Ladakh High Court Comprising Chief Justice (A) Tashi Rabstan and Justice Rajesh Sekri has directed Union of India (UOI) (DoPT), General Administration Department (GAD)/Anticorruption Bureau Jammu & Kashmir UT to file latest status/ Action Taken Reports (ATR) regarding the pending prosecution sanctions in corruption matters against the IAS/JKAS Officers involved in corruption cases.
This significant direction was passed in a much publicized Public Interest Litigation (PLI) (09/2012) titled Sheikh Mohd Shafi & another Vs UOI & Ors wherein the petitioners have highlighted the non-grant of prosecution sanction in corruption cases involving Bureaucrats serving in Jammu & Kashmir and Ladakh Union Territory.
When this PIL came-up for hearing today, Advocate Sheikh Shakeel Ahmed with Advocates Supriya Chouhan and Mohd Zulkarnain Chowdhary appearing for the PIL, drew the attention of court to the four compilations filed by Advocate General on December 15, 2021 wherein it was informed to the court that as on December 15, 2021, prosecution sanction is pending with regard to 35 FIRs i.e. FIR NOs 12/2012 VOJ, 25/2011 VOK, 27/2011 VOK18/2013 VOK, 15/2014 VOJ, 4/2013 VOJ, 16/2011 VOJ, 44/2015 VOK, 23/2010 VOK, 18/2009 VOK, 4/2018 VOK, 30/2018 VOK, 10/2017 VOK, 15/2018 VOJ, 1/2020 ACB Srinagar, 26/2011 VOJ, 20/2009 VOJ, 2/2014 VOJ, 35/2018 VOK 25/2015 VOJ, 23/2018 VOK/12/2010 VOK, 3/2020 ACB Udhampur, 2/2017 VOJ, 3/2020 ACB Jammu, 20/2017 VOK, 12/2020 ACB Jammu, 11/2014 VOJ, 9/2020 ACB Srinagar, 16/2018 VOK, 6/2020 ACB Srinagar, 17/2018 VOJ, 6/2019 ACB Jammu, 14/2018 VOJ, 1/2020 ACB Srinagar and 9/2019 ACB Jammu.
During the course of hearing, Adv Sheikh Shakeel Ahmed pointed out that in case FIR (CBI Case No RCCHGO51201850006 (Arms License Scam) the GAD granted prosecution sanction vide GO NO 22-JK-GAD(Vig) of 2021 dated April 9, 2021 in respect of JKAS Officers however in case of IAS Officers the CBI report along with DVD consisting of 93 leaves were sent to DoPT, GOI on April 9, 2021 for accord of prosecution sanction, Similarly in CBI Case No RCCHGO51201850007 (Arms License Scam), the GAD granted prosecution sanction vide GO NO 23-JK-GAD(Vig) of 2021 dated April 9, 2021 in respect of JKAS Officers however in case of IAS Officers the CBI report along with DVD consisting of 132 leaves were sent to DoPT, GOI on April 9, 2021 for accord of prosecution sanction.
Adv S.S Ahmed vociferously argued that despite the lapse of more than one year there is no headway in the matter and the directions of the Apex Court in case of Dr. Manmohan Singh Vs Dr. Subramaniam Swamy have been thrown to winds as the prosecution agency has to wait only for three months after approaching the competent authority for grant of prosecution sanction and if no response comes than it is deemed sanction.
Adv Ahmed further submitted that both DoPT as well as JK GAD are sitting over the matter and are prima-facie shielding the tainted bureaucrats against whom CBI/ACB has prima-facie established cases of corruption. He further submitted that fresh status is required to be summoned in aforementioned cases, so that a view is taken by the Division Bench.
At this stage, Adv Meyank Gupta appearing vice DSGI Vishal Sharma for Union of India and Sr. AAG Monika Kohli appearing for ACB, AAG Raman Sharma appearing for the GAD requested the Court that they be allowed time to file latest status with regard to the cases pointed out by Advocate Sheikh Shakeel Ahmed in light of compilations filed by Advocate General.
Looking into the seriousness and public interest involved in the matter, Division Bench headed by Acting Chief Justice Tashi Rabstan directed Union of India, GAD/ACB to file the latest status/ Action Taken report in terms of four compilations filed by Advocate General by or before February 17, 2023.
