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PIL seeks sanction for prosecution of tainted IAS/IFS/KAS Officers
8DB directs Govt. to state reasons for refusing sanction under affidavit
10/1/2012 11:55:13 PM
early times report
Jammu, Oct 1 (JNF): In the much publicized Public Interest Litigation seeking sanction for prosecution of Senior IAS/IFS/KAS Officers against whom the State Vigilance Organization has sought sanction from the Govt of Jammu & Kashmir and Govt of India, a Division Bench of State High Court comprising Justice Mansoor Ahmed Mir and Justice JP Singh today directed Gagan Basotra Senior Additional Advocate General to file an affidavit of the competent Authority indicating the number of cases in which sanction for prosecution have been refused and reasons thereof for such refusal, number of cases in which sanctions have been granted and how many cases/challans have been presented before the Competent Court till today.
This significant order was passed today by the Division Bench in a PIL filed by two social activists namely Sheikh Mohd Shafi s/o Sheikh Abdul Rehman (EX MP) and Prof SK Bhalla.
It is worthwhile to mention herein that the petitioners have filed this PIL seeking compliance of the Supreme Court judgment passed in the case titled Dr. Subramanian Swamy Vs Dr. Manmohan Singh & another decided on January 31, 2012 wherein the Supreme Court fixed a period of three months for sanctioning authority to accord sanction in corruption cases and extension of one month when the case is referred for opinion to Attorney General/Advocate General of a State and after the expiry of three months in case sanction is not received than it is treated to be a deemed sanction. On the basis of the intervention of the State High Court, the State Vigilance Organization presented challan in the much publicized case of Gulmarg Land Scam and many other cases involving high-ups.
Looking into the urgency and public interest involved in the matter, Division Bench allowed only week's time to Sr. AAG Gagan Basotra to file the affidavit of the competent authority and further directed the listing of this PIL in the next regular cause-list.
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