Arms License Scam: DB directs DoPT to file updated status of prosecution, sanction proposal sent by Admin

28/04/2024



JAMMU, Apr 27: In a significant order, a Division Bench of High Court of Jammu & Kashmir and Ladakh comprising the Chief Justice N. Kotiswar Singh and Justice Rahul Bharti has directed the Department of Personnel & Trainings (DoPT), Govt. of India to file updated status report with regard to the proposal sent by the U.T. Administration in CBI case FIR No.RCCHGO51201850007 dated October 16th, 2018 (infamous Arms Licenses Scam).
After hearing, Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina and Supriya Chouhan appearing for the petitioners in the much publicized PIL No. 09/2012 titled Sheikh Mohd. Shafi & Anr. V/s Union of India & Ors., the Division Bench headed by the Chief Justice N. Kotiswar Singh further directed Deputy Solicitor General of India Vishal Sharma to file objections to the application (C.M. No.7441/2023) 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 of wide public importance came up for hearing, Advocate S.S. Ahmed drew the attention of the Division Bench towards the latest Status Report dated December 20th, 2023 filed by General Administration Department (GAD) of U.T. Administration wherein it was submitted that in CBI case FIR No. No.RCCHGO51201850006 dated October 16th, 2018 two IAS Officers namely have been made accused for issuing Arms Licenses contrary to the Arms Act and the Rules made there under and the U.T. Government referred the matter on CBI request to DoPT vide letter No.GAD(Vig)11-SP/2020-CBI dated April 9th, 2021 for its placement and consideration by the 'Authority Competent' with regard to accord of Prosecution Sanction in respect of accused public servants former District Magistrates, Udhampur. The GAD in its status report had further submitted that the case was returned by the DoPT on June 14th, 2021 with the observation that the case is incomplete as per latest instructions (Single Window System) issued by DoPT in terms of letter No.142/4/2012-AVD-1 dated July 28th, 2014 and requested the GAD to furnish the information alongwith 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 have been sought in the matter which is yet to be received.

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