PIL seeking prosecution sanction in corruption cases
Excelsior Correspondent
JAMMU, Feb 20: In a Public Interest Litigation (PIL) seeking prosecution sanction in the corruption cases, a Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotiswar Singh and Justice Tashi Rabstan has granted last and final opportunity to Senior Additional Advocate General Monika Kohli for filing the necessary affidavits/ latest status/Action Taken Report in terms of order dated December 27, 2022.
Vide order dated December 27, 2022, the Division Bench had directed the General Administration Department of J&K Government and Department of Personnel and Training of the Government of India to file the latest status/ATR in terms of the four compilations filed by Advocate General DC Raina on December 15, 2021 highlighting the cases awaiting the prosecution sanction from competent authorities against the IAS/JKAS officers involved in corruption cases.
The Division Bench headed by Chief Justice had directed Deputy Solicitor General of India Vishal Sharma to file the requisite affidavit on behalf of DoPT Govt of India within the same period.
These significant directions were passed in the much publicized Public Interest Litigation (09/2012) titled Sheikh Mohd Shafi & another Vs UOI & Ors wherein the petitioners have highlighted the non-grant of prosecution sanction in corruption cases involving bureaucrats serving in Jammu & Kashmir and Ladakh Union Territories.
When the much publicized PIL came-up for hearing, Advocate Sheikh Shakeel Ahmed with Advocates Supriya Chouhan and Mohd Zulkarnain Chowdhary appearing for the PIL, submitted that despite the clear directions issued on December 27, 2022, the Govt of Jammu & Kashmir did not file the requisite status/ ATR disclosing the reasons for non-grant of prosecution sanction against the tainted bureaucrats.
Advocate Ahmed further submitted that the Govt of J&K is non-serious in granting prosecution sanction in corruption cases and number of FIRs are awaiting prosecution sanction for last several years. He also submitted that the DoPT, Govt of India is also sitting over two CBI FIRs Case No RCCHGO51201850006 and No RCCHGO51201850007 (Arms License Scam) and the GAD had granted prosecution sanction vide GO NO 22-JK-GAD(Vig) of 2021 dated April 9, 2021 in respect of JKAS officers. However in case of IAS officers the CBI report along with DVDs were sent to DoPT on April 9, 2021 for accord of prosecution sanctions, however till date there is no headway in the matter and the directions of the Apex Court in case of Dr Subramaniyam Swami Vs Dr. Manmohan Singh are being flouted with impunity.
At this stage, Senior AAG Monika Kohli requested the Division Bench that she be allowed four weeks time to do the needful and similar submission was made by by DSGI Vishal Sharma who further pointed out that he had not been furnished the copies of the four compilations filed by Advocate General DC Raina.
Looking into the public interest involved and the seriousness of the matter, the Division Bench reluctantly granted three weeks last and final opportunity to Senior AAG and DSGI to comply with the last court directions by filing affidavits/ latest status/Action Taken Report.
The Division Bench further directed the Registry to re-notify the instant PIL for consideration on March 18, 2023.
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