The Ministry of Home Affairs (MHA) has informed the Jammu Kashmir and Ladakh High Court that it is “actively considering” the Central Bureau of Investigation’s (CBI) request for sanction to prosecute eight IAS officers allegedly involved in the multi-crore gun licence scam that rocked Jammu & Kashmir.
The eight IAS officers under scrutiny are P. K. Pole, M. Raju, Yasha Mudgal, Jitendra Kumar Singh, Dr. Shahid Iqbal Choudhary, Niraj Kumar, Prasanna Ramaswamy G., and Ramesh Kumar.
The submission came from Deputy Solicitor General of India (DSGI) Vishal Sharma before a division bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal during the hearing of a Public Interest Litigation (PIL) titled Mohd Shafi & Anr. vs Union of India & Ors.
Sanction Decision Expected Soon
Sharma apprised the bench that both the J&K Government and the CBI had responded to the clarifications sought by the MHA on September 26 and October 14, respectively.
“The matter is under active consideration of the Ministry and a formal decision is likely in the immediate future,” the DSGI submitted, requesting short accommodation.
Taking note of the submission, the bench adjourned the matter to December 30.
Clarifications Sought on ‘Concrete Evidence’
In a status report submitted earlier on October 7, the MHA informed the High Court that its Additional Secretary (UT Division), in a meeting with officials of the J&K administration and the CBI, had sought clarifications from the investigating agency on the availability of “concrete evidence” directly linking the IAS officers with arms dealers allegedly involved in the scam.
These officers allegedly issued gun licences during their tenures as District Magistrates across districts including Kathua, Udhampur, Rajouri, Baramulla, Pulwama, Kargil and Leh between 2012 and 2016.
Under the Prevention of Corruption Act, sanction from the competent authority is mandatory before initiating prosecution against public servants such as IAS officers.
CBI Probe Reveals Massive Irregularities
The gun licence scam — which is being investigated by the CBI — pertains to irregularities in issuing over 2.74 lakh arms licences between 2012 and 2016. The licences were allegedly issued by district magistrates, deputy commissioners and licensing authorities for “monetary considerations”.
Investigators estimate the scam to be worth over ₹100 crore, with thousands of licences allegedly issued illegally to individuals, including armed forces and paramilitary personnel who were neither residents of J&K nor posted in the issuing districts.
Advocate Sheikh Shakeel Ahmad, appearing for the petitioners, stated that nine IAS officers and over 15 JKAS officersare suspected to have been involved, alongside judicial clerks, middlemen and gun dealers.
Action So Far
In March 2021, the J&K administration granted sanction to the CBI to prosecute all Kashmir Administrative Service (KAS) officers and judicial clerks allegedly involved in the scam. This enabled the agency to file chargesheets against several officials, middlemen, and firearms dealers.
However, the request to prosecute the IAS officers remained pending, barring one case where the MHA granted sanction to prosecute an IAS officer last year.
With the MHA now indicating that a final decision is imminent, the High Court is expected to take up the matter again on December 30, when the Government may place an updated status on record.
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