Arms licence scam: MHA returns incomplete prosecution proposal of 3 IAS officers

The Union ministry of home affairs has returned incomplete prosecution proposal of three IAS officer–namely Yasha Mudgal, Dr Shahid Iqbal Choudhary and Niraj Kumar– allegedly involved in the infamous arms licence scam, vide an official communication on February 21, with a direction to re-submit the prosecution proposal within one week again.

The incomplete prosecution proposal has been returned to the J&K chief secretary Atal Dulloo with a direction to re-submit the prosecution proposal within one week again against the three IAS officers containing the relevant enclosures, DVDs along with authenticated copies of the FIRs, disclosure statement, statements of witnesses, recovery memos, investigation report, executive summary of investigation report, draft sanction order, written statement of defence from the accused officers along with specific comments of the investigating officer, opinion and concurrence of the legal department.

A huge arms licence scam allegedly involving deputy magistrates was unearthed by ATS Rajasthan in 2017. It was being probed by the J&K Police before the CBI was handed over the case by the then governor NN Vohra.

CBI had revealed that during the period between 2012 to 2016 approximately 1.53 lakh arms licenses were issued in 10 districts of Jammu division and approximately 1.21 lakh in 12 districts of the then Kashmir division, allegedly for monetary gains by the then district magistrates on forged documents.

The case being investigated by the CBI is adjudicated by a division bench of the J&K and Ladakh high court.

The General Administration Department (GAD) of J&K government vide its status report dated December 27, 2024, had informed the division bench in the much-publicised PIL titled Sheikh Mohammad Shafi & Anr veresus Union of India & Ors that the “J&K government on December 27, 2024, forwarded its views and comments to ministry of home affairs with regard to three IAS officers namely Yasha Mudgal, Dr Shahid Iqbal Choudhary and Niraj Kumar for a final decision in the matter.”

In the said status report, it was also submitted that with regard to IAS officer namely PK Pole, the views and comments of UT of J&K are being compiled/formulated and are at the advanced stage of the examination. With regard to IAS officer Prasanna Ramaswamy G, it was submitted that since the event has occurred in the jurisdiction of UT of Ladakh, it needs further examination with regard to jurisdictional aspect for giving comments in the matter and in this regard, a communication (GAD-VIGOSP/74/2024-09-GAD (C. No. 7537079) dated 27-12-2024 has been forwarded to MHA for clarification.

Similar views were referred in the status report with regard to IAS officer M Raju (then district magistrate Kargil) and GAD flagged the communication of December 27, 2024 to MHA for clarification.

With regard to IAS officers Jitendra Kumar Singh (then district magistrate Kathua), G Prasanna Ramaswamy (then district magistrate Kathua) and Ramesh Kumar (then district magistrate Kathua), it was submitted that the matter is under active examination of the GAD.

The MHA in its latest communication on February 12, addressed to J&K chief secretary Atal Dulloo has directed that the CBI’s proposals for grant of prosecution sanction against two IAS officers –M Raju and Prasanna Ramaswamy G may be forwarded to the Union ministry of home affairs, with the administrative approval of the lieutenant governor of Ladakh.

The MHA in its latest status report dated March 8, filed pursuant to order dated January 2, informed the division bench that it has returned the incomplete prosecution proposal of three IAS officers with a direction to J&K chief secretary to re-submit the same within one week after supplying the documents mentioned in the communication dated February 21 this year.

Further, the J&K chief secretary has also been directed vide communication dated February 12 that prosecution sanction proposal of two IAS officers who had served in Kargil/Leh (M Raju and Prasanna Ramaswamy G) be forwarded to the ministry of home affairs with the administrative approval of the lieutenant governor of Ladakh.

The case is listed for hearing on March 20.