DB directive to State on prosecution

Excelsior Correspondent
JAMMU, Oct 1: In the much publicized Public Interest Litigation seeking sanction for prosecution of tainted IAS/IFS/KAS officers, Division Bench of High Court comprising Justice Mansoor Ahmed Mir and Justice J P Singh today directed the Senior Additional Advocate General to file an affidavit of the competent authority indicating the number of cases in which the sanction for prosecution has been refused and the reasons behind such refusal besides number of cases in which sanctions have been granted and number of challans presented before the competent court.
When the PIL filed by two social activists Sheikh Mohd Shafi, son of former MP Sheikh Abdul Rehman and Prof S K Bhalla came up for hearing, Advocate Sheikh Shakeel Ahmad, the counsel for the petitioners, invited the attention of the Court to the last order passed by the Division Bench on August 28, 2012 whereby Secretary Environment and Forest, Government of India was impleaded as respondent in the petition.
On this, Assistant Solicitor General of India, K K Pangotra was asked to apprise the Court with regard to the sanction against three IFS officers pending with Environment Ministry. However, Mr Pangotra sought time for filing the compliance report.
Gagan Basotra, Senior AAG submitted that because of late arrival of status report, he could not file a detailed report indicating the steps taken pursuant to the directions of the Division Bench passed on August 28, 2012.
After hearing the counsel for the PIL, ASGI and Senior Additional Advocate General, Gagan Basotra, the Division Bench directed Senior Additional Advocate General to file affidavit of the competent authority within a week’s time indicating the number of cases in which sanction for prosecution has been refused along with the reasons behind such decision, number of cases in which sanctions have been granted and the number of cases and challans presented before the competent court.
Looking into the urgency and public interest involved in the matter, Division Bench directed the listing of PIL in the next regular cause-list.