High Court takes note of UOI, GAD’s reluctance to order prosecution of tainted bureaucrats
Taking cognizance of reluctance on part of both union government and J&K government in granting sanction of prosecution in corruption matters against the Indian Administrative Services(IAS) and Jammu and Kashmir Administrative (JKAS) Officers involved in corruption cases, the High Court has directed both governments’ to file latest status and action taken reports in the regard.
The Public Interest Litigation (PIL) in the regard has accused both DoPT as well as J&K GAD for sitting over the matter and are prima-facie shielding the tainted bureaucrats against whom CBI and ACB has prima-facie established cases of corruption.
In a significant order, a Division Bench of J&K and Ladakh High Court comprising acting Chief Justice TashiRabstan and Justice Rajesh Sekri has directed Union of India (DoPT), General Administration Department, Anticorruption Bureau Jammu & Kashmir to file latest status, action taken Reports regarding the pending prosecution sanctions in corruption matters against the IAS/JKAS Officers involved in corruption cases.
This significant direction was passed in a PIL wherein the petitioners have highlighted the non-grant of prosecution sanction in corruption cases involving Bureaucrats serving in J&K and Ladakh Union Territory.
When this PIL came-up for hearing today, lawyers appearing for the PIL, drew the attention of court to the four compilations filed by Advocate General on December 15, 2021 wherein it was informed to the court that as on December 15, 2021, prosecution sanction is pending with regard to 35 FIRs.
During the course of hearing, Sheikh Shakeel Ahmed submitted that both DoPT as well as J&K GAD are sitting over the matter and is prima-facie shielding the tainted bureaucrats against whom CBI/ACB has prima-facie established cases of corruption. He further submitted that fresh status is required to be summoned in aforementioned cases, so that a view is taken by the Division Bench.
Ahmed argued that despite the lapse of more than one year there is no headway in the matter and the directions of the Apex Court in case of Dr. Manmohan Singh Vs Dr. Subramaniam Swamy have been thrown to winds as the prosecution agency has to wait only for three months after approaching the competent authority for grant of prosecution sanction and if no response comes than it is deemed sanction.
Ahmed further pointed in case FIR (CBI Case No RCCHGO51201850006 (Arms License Scam) the GAD granted prosecution sanction vide GO NO 22-JK-GAD(Vig) of 2021 dated April 9, 2021 in respect of JKAS Officers however in case of IAS Officers the CBI report alongwith DVD consisting of 93 leaves were sent to DoPT, GOI on April 9, 2021 for accord of prosecution sanction, Similarly in CBI Case No RCCHGO51201850007 (Arms License Scam), the GAD granted prosecution sanction vide GO NO 23-JK-GAD(Vig) of 2021 dated April 9, 2021 in respect of JKAS Officers however in case of IAS Officers the CBI report alongwith DVD consisting of 132 leaves were sent to DoPT, GOI on April 9, 2021 for accord of prosecution sanction.
At this stage, advocate Meyank Gupta appearing Vice DSGI Vishal Sharma for Union of India and Sr. AAG Monika Kohli appearing for ACB, AAG Raman Sharma appearing for the GAD requested the Court that they be allowed time to file latest status with regard to the cases pointed out by Advocate Sheikh Shakeel Ahmed in light of compilations filed by Advocate General.
Looking into the seriousness and public interest involved in the matter, Division Bench headed by Justice Rabstan directed Union of India, GAD/ACB to file the latest status/ Action Taken report in terms of four compilations filed by Advocate General by or before February 17, 2023.
