MHA demands fresh prosecution proposal against 3 IAS officers    

Jammu, Mar 13: Ministry of Home Affairs (MHA) has directed the Chief Secretary (CS), J&K Atal Dulloo to resubmit prosecution proposal against three Indian Administrative Service (IAS) officers of erstwhile J&K cadre in arms licences case.

MHA, in its letter dated February 21, 2025, asked the Chief Secretary to furnish “complete proposals for grant of prosecution sanction against Yasha Mudgal, IAS (AGMUT: 2007), Shahid Iqbal Choudhary, IAS (AGMUT: 2009) and Niraj Kumar, IAS (AGMUT: 2010), containing relevant enclosures, within a week of receipt” of its letter.

As per MHA letter, the relevant enclosures include “DVDs along with authenticated copies of the FIRs; disclosure statements; statements of witnesses; recovery memos; investigation report; executive summary of investigation report; draft sanction order; written statement of defence from the accused officer along with specific comments of the IO to rebut his contentions; opinion and concurrence of the Legal (Law) Department, and duly filled in checklist appended to DoPT’s OM dated July 28, 2014 to UT division, Ministry of Home Affairs.”

Referring to J&K administration’s letters dated December 27, 2024 (CC:7552508 and CC: 14842) on this subject, Under Secretary MHA, C P Vinod Kumar mentioned some missing documents, which he said, were not found enclosed with them (letters). Missing documents included a letter of CBI dated July 23, 2024 and DVD; legal opinion dated July 8, 2024; check list and DVD enclosed with CBI’s letter or proposal dated October 1, 2020.

Earlier, the MHA, in its letter dated February 12, 2025, also directed the J&K Chief Secretary to forward the CBI’s proposals for the grant of prosecution sanction against IAS officers M Raju and Prasanna Ramaswamy G to it (MHA), with the administrative approval of the Lieutenant Governor of Ladakh, in the same case.

Referring to the J&K administration’s letters dated December 27, 2024 (CC: 7537079 and 7184683) on this subject (sanction of prosecution against IAS officers in arms licences case), MHA Under Secretary Rakesh Kumar Singh directed that “CBI’s proposals for grant of prosecution sanction against M Raju, IAS (AGMUT: 2005), the then DM Kargil and Prasanna Ramaswamy G, IAS (AGMUT: 2010), the then DM Leh may be forwarded to the MHA with the administrative approval of the Lieutenant Governor of Ladakh.”

MHA has revealed it in its status report filed before the High Court of J&K and Ladakh, Jammu in the case of Sheikh Mohd Shafi and Another versus Union of India and Others, in compliance with its (court) order dated January 2, 2025.

MHA, in its status report, mentioned that the J&K administration vide its four letters dated December 27, 2024, had forwarded a “proposal for granting sanction for prosecution” against these five IAS officers of erstwhile J&K cadre “in connection with fraudulent issuance of gun licenses in violation of procedural norms and also in exchange for pecuniary benefits.”

As per the MHA letter, the response of the J&K government was awaited.

Earlier, the General Administration Department (GAD) of the J&K Government vide its status report dated December 27, 2024, had informed the Division Bench of High Court of J&K and Ladakh in this case that the J&K Government on December 27, 2024, forwarded its views and comments to MHA 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 status report, it was also submitted that with regard to IAS officer P K Pole, the views and comments of UT of J&K were being compiled and formulated and were at the advanced stage of the examination.

With regard to IAS officer Prasanna Ramaswamy G, it was submitted that since the event occurred in the jurisdiction of UT of Ladakh, it needed further examination with regard to jurisdictional aspects for giving comments in the matter.

In this regard, a communication bearing No GAD-VIGOSP/74/2024-09-GAD (C No 7537079) dated December 27, 2024, was forwarded to MHA for clarification, J&K Government had mentioned in its status report.

Similar views were referred to in the status report with regard to IAS officer M Raju and GAD had also submitted to the court its communication dated December 27, 2024, to MHA for clarification.

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

The next hearing of the case is on March 20, 2025.

The CBI was handed over this case in 2017 by then Governor N N Vohra. According to CBI, during the period between 2012-16, around 1.53 lakh arms licences in Jammu division and around 1.21 lakh in Kashmir division were issued by the then District Magistrates, allegedly on forged documents against monetary gains.