Jammu, Apr 26: A Division Bench of the High Court of J&K and Ladakh at Jammu comprising the Chief Justice Arun Palli and Justice Rajnesh Oswal after hearing the much publicized Public Interest Litigation titled Sheikh Mohd. Shafi & Anr. v/s Union of India & Ors. infamous Arms Licences Scam, directed and observed as under that:-
Sr. Additional Advocate General Mohsin Qadri with Advocate Sagira Jaffar appearing for UT of J&K/GAD submitted that the proceedings be deferred for a short date to apprise the court of the further progress in the matter as also to furnish a Status Report as indicated with regard to the Officers/Officials.
When this PIL came up for hearing before the Division Bench headed by the Chief Justice Arun Palli, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the petitioners submitted that vide order dated March 20th, 2025, the UT Division, Ministry of Home Affairs had required the J&K Administration to furnish a complete proposal with all the necessary documents indicated therein, so that the matter with regard to sanction(s) for prosecution against the officers concerned is considered.
Advocate Ahmed asserted that even though the said communication required the J&K Administration to respond within one week, but to no avail and accordingly UT of J&K was granted time to submit a Status Report and similar directions were issued even to the CBI.
While inviting the attention of the Division Bench towards the latest Status Report dated April 23rd, 2025 filed by General Administration Department, Government of J&K, Advocate S.S Ahmed contended that a considerable time has lapsed but the matter has not made any tangible progress.
Advocate Ahmed further submitted that Annexure-I appended with the latest Status Report on the record shows that in response to MHA letter dated February 21,2025, the matter was examined by GAD(Vigilance), UT of J&K, upon which, legal opinion of the Department of Law, Justice and Parliamentary Affairs was solicited and post receipt of the said opinion, the matter has now been placed before the Competent Authority seeking necessary sanction/approval and once the sanction/approval is granted, the matter would be forwarded to the Ministry of Home for a formal decision.
Advocate S.S Ahmed vociferously argued that it was initially in October, 2020 when CBI forwarded its First Report to the J&K Government in GAD and thereafter several reports/reminders were submitted for facilitating prosecution sanction against IAS officers involved in the infamous Arms Licences Scam.
Advocate Ahmed further submitted that more than 15 challans/chargesheets have been filed by CBI before the designated CBI Courts at Jammu/Srinagar against JKAS officers and others but except one IAS officer, the prosecution sanction of around 10 IAS officers is deliberately being delayed on one pretext or the other.
While responding, Sr. AAG Mohsin Qadri appearing for J&K Government submitted that ex-facie, post order dated March 20, 2025, the authorities have pursued the matter in the right earnest.
Sr. AAG Qadri further submitted that post approval/sanction by the Competent Authority, the matter with regard to the officers mentioned at Serial No.2 (Annexure A-I) would be forwarded to MHA for a formal decision.
However, he submitted that as regards the officers from Serial Nos. 2,3,4,7,8,9,& 10, a fresh Status Report indicating the current status and the definite timeline, within which the entire process would reach the stage of final decision, would also be filed.
He further submitted that the matter was examined by the GAD (Vigilance), UT of J&K, upon which the legal opinion of the Department of Law, Justice and Parliamentary Affairs was sought and upon receipt of the legal advice, the matter has already been placed before the Competent Authority for approval.
He further submitted that after receipt of the files from the Competent Authority, the same would be forwarded to the UT of Ladakh for administrative approval of Lieutenant Governor of Ladakh post which would be forwarded by the UT of J&K to MHA for a formal decision.
After considering the rival contentions and request of the Sr. AAG Moshin Qadri for short accommodation, the Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal directed and observed that, ‘Sr. Additional Advocate General Mohsin Qadri appearing for UT of J&K/GAD to furnish a Status Report indicating progress in the matter with regard to the officers mentioned at Serial Nos. 2,3,4,7,8,9 &10.’
The Division Bench directed the Registry to re-notify the instant matter for 02-06-2025.
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