J-K gun licence ‘scam’: Ministry wants ‘complete proposals’ to prosecute 3 IAS officers

Significantly, prosecution sanction is necessary to prosecute public servants such as IAS officers under the Prevention of Corruption Act.

The MHA’s February letter asks the J&K chief secretary to provide the proposals in a week. The proposals, according to the letter, should contain relevant enclosures and authenticated copies of FIRs, disclosure statements, statements of the witnesses, recovery memos, investigation report, executive summary of the investigation report, draft sanction order, written statement of defence from the accused officer along with specific comments of the investigating officer, among other things.

While Mudgal is currently the Commissioner-Secretary of Tourism, Shahid Iqbal is on leave and Niraj Kumar is Administrative Secretary Transport Department.

The CBI is probing irregularities in granting over 2.74 lakh gun licences between 2012 and 2016 — when J&K was still a state — by district magistrates (DMs), deputy commissioners and licencing authorities for “monetary considerations”. Agencies estimate the alleged scam to run into more than Rs 100 crore.

In October, the CBI told the court that it was still awaiting prosecution sanction against 16 erstwhile District Magistrates (13 IAS officers and three KAS officers) who, during their posting in different districts of the erstwhile Jammu and Kashmir state, had issued gun licences “illegally” to “ineligible people” across the country.

On November 25, a Division Bench of the HC comprising Chief Justice Tashi Rabstan and Justice M.A. Chowdhary had expressed displeasure over “selective prosecution” in the case, observing that while the CBI had already concluded its investigation, the Union Ministry of Home Affairs had yet to sanction their prosecution.

During a court hearing on December 27, the J&K Government’s General Administration Department had told the Jammu Kashmir and Ladakh High Court that it had forwarded its views/comments regarding the three officers to the MHA and was awaiting a final decision.

Last year, the central government allowed the CBI to prosecute Kumar Rajeev Ranjan, making him the first IAS officer against whom such a prosecution sanction has been granted in the case. Ranjan also holds additional charge of Revenue and Skill Development departments.