Excelsior Correspondent
Srinagar, Aug 6: A local court here framed charges against the ex-District Magistrate (DM) Kupwara and beneficiaries for issuing thousands of gun licences illegally.
The court of Special Judge Anti-Corruption (CBI) Srinagar framed charges against 10 persons including Itrat Hussain Rafiqi, the then District Magistrate of Kupwara in gun licence scam.
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During the period from 2012 to 2016, the District Magistrates of various districts of J&K including district Kupwara had fraudulently and illegally issued gun licences which run in thousands.
The charge sheet in this has been moved by CBI regarding the gun licence issued by District Magistrate Kupwara mentioning therein that the District Magistrate Kupwara in connivance with co-accused has fraudulently and illegally issued the gun licence by flouting the norms, procedures and rules governing the subject in lieu of monetary considerations by abuse of their official position.
The accused persons, court said, for monetary considerations have fraudulently and illegally facilitated and issued the arms licence in favour of many persons including the witnesses in the case who were neither residing nor posted in district Kupwara at relevant time.
The Court recorded that the arms licences pertaining to the officials have not been routed through proper channels and the accused-DM without verification of documents from concerned units have issued backdated arms licences for monetary considerations.
“Hence, a strong prima facie case is made out for framing the charge against the accused persons. The accused persons are charge-sheeted for commission of offences U/Sec. 120-B, 467 & 471 RPC r/w Section 5(1)(d)/5(2) J&K PC Act. Svt.2006,” the Court said.
The case came to be registered in pursuance of notification dated 05.10.2018 issued by Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) Government of India with the consent of State Government of J&K Home Department given vide notification No. 228/41/2018 AVD-II for transfer of FIR No. 18/2018 dated 17.05.2018 from Police Station VOK to CBI Chandigarh.
As per the charge sheet the investigations revealed that 31490 arms licence have been issued by the four licensing authorities from the office of DM Kupwara during the period of 2012-2016 during the tenure of Itrat Hussain District Magistrate Kupwara for the period 25.04.2013 to 31.01.2015 and during this period he had issued 5135 arms licences in the year 2013 and 8499 arms licences in the year 2014 showing all India validity without adopting due process for extraneous considerations and after taking illegal gratification through co-accused i.e middlemen and arms ammunition dealers.
“Itrat Hussain Rafiqi issued multiple arms licences during 2015-2016 when he was not posted as DM Kupwara & he falsely mentions that these licences have been issued during 2013-2014 to coincide with his tenure as DM Kupwara. This fact has been established during investigation as the application form & recommendation letters issued by the Commanding Officers are of the year 2015-2016 whereas the licence books & licence issue registered bear dates of issuance 2013-2014”, read the charge sheet.
The examination of case showed issuance of gun licences to individuals and further revealed that one accused Rahul Grover had deposited the amount of Rs. 1.50 lacs on 27.05.2014 in the bank account of ex DM- Itrat Hussain Rafiqi maintained with J&K Bank branch. Grover also used the bank account of a firm (M/S Dhar Times) which belonged to a friend of Grover for transfer of money to Itrat Hussain.
“It has also revealed that two amounts of Rs. 75,000/- & Rs. 1.50 lacs were transferred from the bank account of Dhar Times to the bank account of Itrat Hussain on 01.08.2014 & 06.08.2014 when the latter was DM Kupwara. These payments were in lieu of arms licence issued by Itrat Hussain in conspiracy with Rahul Grover and other accused persons”, the investigation report of CBI revealed.
Court said that so far as the conspiracy hatched by the accused persons is concerned and the facts and circumstances of the case and evidence assembled by the investigation officer showed that the accused-exDM in connivance with co-accused have illegally issued gun in lieu of obtaining monetary gains and the other accused persons have played different role to achieve their common goal of making money by illegal means.
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