The excessive courtroom of Jammu and Kashmir and Ladakh has expressed its deep displeasure over J&Okay authorities appointing a ‘tainted’ IAS officer on the coveted put up of commissioner secretary of basic administration division (GAD), who was allegedly concerned within the notorious arms licence rip-off.
An enormous arms licence rip-off allegedly involving deputy magistrates was unearthed by ATS Rajasthan in 2017. (iStock)
Adjudicating PIL No. 09/2012 on March 20, a division bench (DB) of the excessive courtroom comprising chief justice Tashi Rabstan and justice MA Chowdhary, expressed its deep anguish and displeasure within the open courtroom when advocate Sheikh Shakeel Ahmed showing for the petitioners knowledgeable that the federal government of J&Okay has posted a tainted IAS officer to the coveted place.
He knowledgeable that the CBI has already sought prosecution sanction within the arms licence rip-off in opposition to the IAS officer M Raju.
The DB remarked to Further Advocate Normal (AAG) Raman Sharma showing for GAD that the stated IAS officer ought to be eliminated instantly as his identify figured within the CBI chargesheet.
“Is there dearth of honest and upright IAS officers in J&K?” DB requested the AAG, who submitted that there could also be a suspicion in opposition to the officer.
AAG Raman Sharma additionally submitted that M Raju has recused himself from this matter.
Throughout arguments, advocate Ahmed, showing for the petitioners, submitted that regardless of categoric instructions of the Division Bench, the GAD despatched incomplete prosecution proposals of three IAS officers specifically Yasha Mudgal, Dr. Shahid Iqbal Choudhary and Niraj Kumar on December 27, 2024 to the ministry of dwelling affairs (MHA) for taking closing resolution within the matter.
Nonetheless, MHA in its newest standing report dated March 8 has knowledgeable the Division Bench that vide a letter dated February 21, it has requested J&Okay Authorities below intimation to CBI to furnish full proposals for contemplating grant of sanction for prosecution in opposition to the three IAS officers (Yasha Mudgal, Shahid Iqbal Choudhary, and Niraj Kumar).
MHA has additionally sought related enclosures, DVDs together with the authenticated copies of the FIRs, disclosure statements, statements of witnesses, restoration memos, investigation report, government abstract of investigation report, draft sanction order, written assertion of defence from the accused officer together with particular feedback of the IO inside one week of the letter.
Advocate Ahmed additional submitted that the MHA in its standing report has additionally enclosed a communication dated February 12 addressed to the chief secretary of J&Okay whereby it has been said that the CBI’s proposals for grant of prosecution sanction in opposition to M Raju, (the then district Justice of the Peace Kargil and Prasanna Ramaswamy G (the then district Justice of the Peace Leh) could also be forwarded to the MHA with the executive approval of the lieutenant governor of Ladakh.
Advocate SS Ahmed additional submitted that each one out effort is being made to defend the IAS officers concerned in rip-off since March 202.
The CBI is urgent for prosecution sanction and each time incomplete proposals are despatched by GAD to MHA in order that the excessive profile bureaucrats are saved from the prosecution, contended advocate Ahmed.
The DB took notice of the MHA’s newest standing report and directed the UT of J&Okay to positively file the motion taken report on the communication of MHA.
It additionally directed the CBI to file the most recent standing report nicely earlier than the subsequent date of listening to.
The Division Bench additionally directed each the edges to finish their pleadings earlier than the subsequent date and directed the Registry to record the moment PIL for closing listening to on April 24.
CBI had revealed that in the course of the interval between 2012 to 2016 roughly 1.53 lakh arms licences have been issued in 10 districts of Jammu division and roughly 1.21 lakh in 12 districts of the then Kashmir division, allegedly for financial positive factors by the then district magistrates on cast paperwork.
Accordingly, the CBI had sought prosecution sanction in opposition to 9 IAS officers.
An enormous arms licence rip-off allegedly involving deputy magistrates was unearthed by ATS Rajasthan in 2017. It was being probed by the J&Okay Police earlier than the CBI was handed over the case by the then governor, NN Vohra.