Jammu, Aug 18 :
In a landmark ruling, the High Court of J&K and Ladakh at Jammu on Saturday reluctantly granted two weeks’ time to Deputy Solicitor General of India (DSGI) Vishal Sharma and Anishwar Chatterji Koul, CGSC, appearing for UOI (DoPT), to file response to Impleadment Application seeking impleadment of Central Bureau of Investigation (CBI) as a party respondent in the instant PIL, failing which, the right to file the same shall be deemed to have been closed.
A division bench, comprising Acting Chief Justice Tashi Rabstan and Justice Puneet Gupta, expressed its displeasure over not filing a reply despite lapse of four months, and reluctantly granted two weeks’ time to Deputy Solicitor General of India (DSGI) Vishal Sharma and Anishwar Chatterji Koul, CGSC, appearing for UOI (DoPT), to file response to Impleadment application, seeking impleadment of Central Bureau of Investigation (CBI) as a party respondent in the instant PIL, failing which the right to file the same shall be deemed to have been closed.
When this PIL, highlighting “non-serious” approach of the UT Administration in forwarding proposals of IAS officers involved in the infamous Arms Licence scam came up for hearing, Advocate S S Ahmed, with Advocate Rahul Raina, appearing for the PIL, drew attention of the bench towards order dated April 23, 2024, when the division bench, headed by then Chief Justice N Kotiswar Singh (now Supreme Court Judge), had granted time to Vishal Sharma (DSGI), to file objections to the application seeking impleadment of CBI as party respondent in the instant PIL.
The Bench also directed DoPT to file an updated status with regard to the proposal sent by the UT administration for prosecution sanction of IAS officers,
J&K-Ladakh HC asks
who were allegedly involved in Arms Licences Scam which is being investigated by Chandigarh Branch of CBI.
Advocate Ahmed vociferously argued that an all-out attempt is being made to shield the erring IAS officers who have been prima-facie found involved in the bulk issuance of the Arms Licences on extraneous considerations but both UOI and UT administration are non-serious in the matter, involving national security.
At this stage, the Bench, headed by Chief Justice (Acting) Tashi Rabstan, while expressing displeasure observed, “despite lapse of about four months, neither response nor updated status has been filed.”
The Bench directed, “in the interest of justice, further two weeks’ time as a final opportunity is granted for filing response to the present application, failing which, right to file the same shall be deemed to have been closed.”
Adv Ahmed further submitted that UT Administration is sitting over the prosecution sanction files of IAS officers and is unnecessarily delayed matter used to shield the said officers, who are occupying prime positions in UT Administration against whom the CBI has sought prosecution sanction and the UT administration has indulged itself in unnecessary correspondence with several departments just to protract the matter and to defeat the timeline fixed by the Apex Court of the country in the landmark Judgment titled Dr Subramanian Swamy V/s Dr Manmohan Singh decided by the Supreme Court in the year 2012.
The Bench took note of submissions made by Adv Ahmed and directed Senior AAG S S Nanda, Adv Ahtsham Hussain Bhat, appearing for Food Corporation of India (FCI), submitted that an application (CM No. 2618/2024) has been filed for placing on record a copy of death certificate of Ghulam Rasool Sofi, the then ancillary labourer (FCI).
Along with the application, a death certificate issued by BDO, Budgam dated June seven, 2023 is also attached.
The Bench directed Senior AAG Nanda to verify the genuineness of the death certificate from the concerned police station.
Looking into the importance of the matter, the Bench directed the registry to renotify the instant PIL on September 5, 2024.
