Jammu: In the much publicized Public Interest Litigation (PIL No. 09/2012) titled Sheikh Mohammad Shafi and Anr. V/s Union of India and Ors. (infamous Arms Licences Scam), a Division Bench of the High Court of J&K and Ladakh at Jammu comprising the Chief Justice Tashi Rabstan and Justice M.A. Chowdhary in the open court expressed its deep anguish/displeasure when Advocate Sheikh Shakeel Ahmed appearing for the petitioners informed the Division Bench that the Government of J&K has posted a tainted IAS Officer on the coveted position of Commissioner/Secretary, General Administration Department (GAD) against whom the CBI has sought Prosecution Sanction in the Arms Licences Scam and for this reason only the incomplete proposals are being sent to the MHA/DoPT, Government of India with regard to grant of prosecution sanction against IAS Officers including M Raju (IAS)- the incumbent Commissioner/Secretary, GAD, Government of J&K.
The Division Bench headed by the Chief Justice Tashi Rabstan in the open court remarked towards AAG Raman Sharma appearing for General Administration Department that the Commissioner/Secretary General Administration Department should be removed immediately as his name is figuring in the Charge-Sheet of CBI and also said in the open court, _“is there dearth of honest/upright IAS officers in J&K?”._ Upon this AAG Raman Sharma submitted that there may be suspicion against the officer but the Puisne Judge i.e. Justice M.A. Chowdhary also observed in the open court that the name of M. Raju (IAS) is also figuring in the Charge-Sheet. AAG Raman Sharma also submitted that M. Raju, IAS has recused himself from this matter.
Advocate S.S. Ahmed vociferously argued that the Supreme Court of India had removed tainted Chief Secretary of UP against whom there were complaints of corruption in Taj Corridor matter and Advocate Ahmed further submitted that in the instant PIL, the Division Bench then headed by Chief Justice M.M. Kumar (since retired) had ordered the removal of then Deputy Commissioner, Srinagar namely Baseer Ahmed Khan against whom there were serious allegations of corruption in Gulmarg Land Scam. Advocate Ahmed also pointed out that in the instant PIL, the Division Bench had also quashed the appointment of Chairman, BOSE (Board of School Education) against whom there were two Departmental Enquiries pending.
Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan, M. Zulkarnain Chowdhary and Syed Majid Shah appearing for the petitioners submitted that despite categoric directions of the Division Bench, the GAD sent incomplete prosecution proposals of three IAS Officers namely Yasha Mudgal, Dr. Shahid Iqbal Choudhary and Niraj Kumar on December 27th, 2024 to the MHA for taking final decision in the matter but the MHA in its latest status report dated March 8th, 2025 filed on March 11th, 2025 has informed the Division Bench that vide its letter dated February 21st, 2025, UT Division in MHA has requested J&K Government under intimation to CBI to furnish complete proposals for considering grant of sanction for Prosecution against Yasha Mudgal, IAS (AGMUT: 2007), Dr. Shahid Iqbal Choudhary, IAS (AGMUT: 2009) and Niraj Kumar, IAS (AGMUT: 2010) containing the relevant enclosures, DVDs along with the authenticated copies of the FIRs, Disclosure Statements, Statements of Witnesses, Recovery Memos, Investigation Report, Executive Summary of Investigation Report, Draft Sanction Order, Written Statement of Defence from the accused officer along with specific comments of the IO to rebut his contentions, opinion & concurrence of the legal department, and duly filled-up checklist within 01 week of receipt of the letter.
Advocate S.S. Ahmed further submitted that the MHA in its status report has also enclosed a communication dated February 12th, 2025 addressed to the Chief Secretary, J&K wherein it has been stated that the CBI’s proposals for grant of prosecution sanction against M. Raju, IAS (AGMUT: 2005), the then District Magistrate Kargil and Prasanna Ramaswamy G, IAS (AGMUT: 2010), the then District Magistrate Leh may be forwarded to the MHA with the administrative approval of the Lieutenant Governor of Ladakh.
Advocate S.S. Ahmed further submitted that all out effort is being made to shield the IAS Officers involved in the Arms Licences Scam as since March/April, 2021, the CBI is pressing for prosecution sanction and every time incomplete proposals are sent by GAD to MHA so that the high profile bureaucrats are saved from the prosecution. He further submitted that with regard to children of lesser god i.e. JKAS Officers, the Government of J&K granted prosecution sanction in March, 2021 and more than 15 Charge-Sheets have been filed by the CBI in the Special CBI Courts and even MHA has granted prosecution sanction against one IAS Officer namely Kumar Rajeev Ranjan.
The Division Bench comprising the Chief Justice Tashi Rabstan and Justice M.A. Chowdhary took note of the MHA’s latest status report and directed the UT of J&K to positively file the Action Taken Report on the communication of MHA referred hereinabove disclosing the steps taken after receipt of MHA’s letter dated February 21st, 2025 and further directed the CBI to file the Latest Status Report well before the next date of hearing
The Division Bench also directed both the sides to complete their pleadings before the next date and directed the Registry to list the instant PIL for Final Hearing on April 24th, 2025.