Arms license scam: HC orders Centre to file status of prosecution sanction proposal sent by J&K admn

A division bench of high court of Jammu and Kashmir and Ladakh comprising chief justice N Kotiswar Singh and justice Rahul Bharti, on Saturday, directed the department of personnel and trainings (DoPT), government of India, to file updated status report with regard to a proposal sent by the J&K administration in a CBI case pertaining to infamous arms license scam.

The bench further directed deputy solicitor general of India Vishal Sharma to file objections to the application filed by the petitioners for seeking impleadment of Central Bureau of Investigation (CBI) through its director and superintendent of police/head of branch, CBI, special crime branch, Chandigarh, as party respondents in PIL No.09/2012.

When this PIL came up for hearing, advocate SS Ahmed drew the attention of the DB towards the latest status report dated December 20, 2023, filed by general administration department (GAD) of UT administration wherein it was submitted that in CBI case (FIR No. No.RCCHGO51201850006 dated October 16th, 2018) two IAS officers, who served as district magistrates of Udhampur, have been made accused for issuing arms licenses contrary to the Arms Act and the rules made thereunder and the UT government referred the matter on CBI request to DoPT, government of India, on April 9, 2021, for its placement and consideration by the “competent authority” with regard to accord of prosecution sanction in respect of the two accused public servants.

The general administration department (GAD) of the UT administration, in its status report, had further submitted that the case was returned by the DoPT on June 14, 2021, with the observation that the case is incomplete as per latest instructions (single window system) issued by DoPT, government of India.

The DoPT had requested the GAD to furnish the information along with the proposal after clearing the observations.

The status report further says that the case is under further examination in GAD and consultation /opinion of law department has been sought in the matter which is yet to be received.

Advocate Ahmed vehemently argued that UT administration is shielding the IAS officers involved in infamous arms licenses scam and is sitting over the prosecution sanction files without any lawful justification and has no respect for the timeline fixed by the apex court in its celebrated judgment titled Dr Subramanian Swamy V/s Dr Manmohan Singh reported as (2012) 3 SCC 64.

He further submitted that how could UT administration take a summersault in a case where for similar offence the prosecution sanction has been granted in respect of JKAS officers.

Ahmed further submitted that on December 12, 2023, the division bench had issued notices to Union of India and UT administration for filing objections to the fresh application (C.M. No.7441/2023) seeking impleadment of CBI through its director and superintendent of police/head of branch, CBI, special crime branch, Chandigarh, as party respondents in the instant PIL but till date the objections have not been filed.

At this stage, the deputy solicitor general of India sought further time to do the needful and advocate general DC Raina with senior additional advocate general SS Nanda in the open court submitted that let the response be filed by the Union of India.

The Division Bench directed the registry to list the case on July 16.

The arms licence scam involved several IAS and JKAS officers. In July 2021, the CBI had simultaneously raided multiple locations in J&K and Delhi in connection with a probe into an alleged illegal arms licence case.

The CBI had registered a case following the consent of the Jammu and Kashmir government and further notification from the central government in 2018.

A huge arms licence scam allegedly involving deputy magistrates was unearthed by ATS Rajasthan in 2017. It was being probed by the J&K Police before the CBI was handed over the case by the then governor, NN Vohra.

Arms licences in bulk were allegedly issued by the then deputy magistrates in J&K to non-residents on forged documents. Between 2012 and 2016, deputy commissioners of various districts in J&K had fraudulently and illegally issued bulk arms licences in lieu of monetary consideration.

The Rajasthan ATS in 2017 had arrested over 50 people for their alleged involvement in the illegal issuance of arms licences. According to the ATS, over 3,000 permits were granted allegedly in the name of army personnel.

The CBI had registered two cases on the request of the J&K government and further notification from government of India and taken over the investigation of two FIRs on the allegations of bulk issuance of arms licences in the erstwhile state of J&K during the period 2012 to 2016.