Patna: HC raps CBI over fake arms licence case

PATNA: The Patna high court on Thursday rapped the Central Bureau of Investigation (CBI) for not conducting a proper investigation on mandates of court in a case related to the recovery of three fake arms licences from Gopalpur in Bhagalpur on February 10, 2013 which were shown to be issued by the district administration of Doda in Jammu and Kashmir observing it had wider ramifications over country’s internal security.

The licences were used by armed private guards working for Security and Intelligence Services (India) Limited (SIS) and an FIR was lodged after arms were recovered from the firm’s barrack under Gopalpur police station.

When the matter surfaced before the high court during the anticipatory bail hearing of one of the accused guards Rupesh Kumar, a CBI inquiry was ordered on October 22, 2016 for inquiry on licences’ veracity as HC had observed that the case had wider ramifications. Simultaneously, Rupesh’s anticipatory bail petition was rejected.

On HC directions only, investigation in FIR lodged with Gopalpur police station is being done under the DGP’s monitoring while CBI is also conducting a separate inquiry.

On February 8 this year, the bench of Justice Ahsanuddin Amanullah had ordered home secretary, DGP and CBI’s joint director (incharge, Patna zone) for physically appearing on Thursday following which Amir Subhani, Gupteshwar Pandey and Sharad Agrawal, respectively, were present. Agrawal had reached from Delhi for hearing. ADG (CID) Vinay Kumar was also present along with DGP.

The HC had summoned them after observing that state police authorities were conducting investigation in a callous manner while CBI, through its earlier inquiry report, failed to quench court’s queries. CBI had then appraised HC that all licences were fake.

CBI counsel Sanjay Kumar prayed for three months’ time to submit their report on inquiry conducted on HC’s guidelines which was accepted. The bench granted CBI time till June 17 and fixed June 24 as next hearing date. HC observed that the case is an eye-opener for country’s security agencies and directed CBI joint director to remain present during next hearing too.

Advocate general Lalit Kishore submitted that state police would continue its investigation in the meantime and further investigation would be carried on basis of finding in CBI’s inquiry report.

During hearing, counsel PK Shahi assisted by Sumit Kumar Singh, representing the security firm, submitted that high court could not order for inquiry while hearing an anticipatory bail petition. However, Justice Amanullah did not accepted the submissions and cited orders of Supreme Court and Jharkhand high court for finding the case fit for ordering inquiry looking at its pan-India effect.

Though it was earlier submitted on behalf of the firm that they were responsible only verifying licence’s genuineness under Bihar Private Security Agencies Rules, 2011, the HC had observed it was firm’s responsibility to ensure weapons being used by its guards had valid documents.