'Big fishes roaming free': Jammu & Kashmir High Court questions selective prosecution in arms license scam

The High Court of Jammu and Kashmir and Ladakh recently questioned if the concerned authorities, including the Union Ministry of Home Affairs (MHA), has been adopting a 'pick and choose' policy in granting sanction to prosecute bureaucrats in arms license scam cases [Sheikh Mohd Shafi and another v. Union of India & Others]..The Court was hearing a PIL pertaining to corruption allegedly involved in the large scale issue of illegal arms licenses by district magistrates, including IAS officers, in Jammu and Kashmir between 2012 and 2016.A Bench of Chief Justice Tashi Rabstan and Justice MA Chowdhary noted that "big fishes" were still roaming free despite allegations of their involvement in the scam, and that grant of sanction for prosecution against such persons has remained pending for many years."It seems the prosecution sanction is being sanctioned by these authorities on the basis of pick and chose basis as big fishes are still roaming free and the matter is being delayed on one or the other pretext, which is a matter of grave concern," the Court added. .The Court also cited an example, to make its point. "One such example is regarding prosecution sanction of one Kumar Rajeev Ranjan, IAS, the then District Magistrate, Kupwara, against whom the CBI registered a case on 16-10-2008 pertaining to irregularities in issuance of large scale Arms License from J&K under Section 6 of PC Act, 2006 and still prosecution sanction against him has not been sanctioned," the November 21 order noted..It eventually granted one more month to the MHA and the Jammu and Kashmir government to do the needful in respect of granting sanction to prosecute influential bureaucrats allegedly involved in the scam."Reluctantly, one month more time is granted to the learned counsel appearing for respondents for doing the needful well before the next date of hearing, failing which this Court would have no option but to take some coercive measures," the Court warned..The scam in focus involves allegations that between 2012 and 2016, approximately 1.53 lakh arms licenses were issued illegally in ten districts of Jammu, and approximately 1.21 lakh arms licenses were illegally issued in twelve districts of Kashmir.It is alleged that these licences were issued using forged documents to ineligible persons, as part of a criminal conspiracy between the licensing authorities (district magistrates), gun dealers and other middleman for bribes. The plea before the Court flagged specific cases where despite registration of first information reports (FIRs) in such serious matters, no charge sheet had been filed and sanctions against the influential bureaucrats were not being processed..On October 15, the Central Bureau of Investigation (CBI) filed a status report stating that investigation was conducted district-wise and the role of each licensing authority concerned is being examined.The Court, however, took critical note of the fact that despite the completion of investigation in at least two cases, no prosecution sanction has been given to proceed with the case against all implicated bureaucrats. Counsel representing the Union of India and the Jammu and Kashmir government sought time to do the needful to address the Court's concerns. Accordingly, the High Court granted one month's time to take necessary steps. The matter is listed for hearing next on December 30. .Advocates SS Ahmed Advocate and Supriya Chouhan appeared for the petitioner.Deputy Solicitor General of India Vishal Gupta appeared for the Centre and Senior Additional Advocate General (AAG) SS Nanda appeared for the Jammu and Kashmir government. .[Read Order]