In a significant order, a Division Bench of the High Court of J&K and Ladakh at Jammu comprising Chief Justice Arun Palli and Justice Rajnesh Oswal has directed Deputy Solicitor General of India Vishal Sharma appearing for MHA/DoPT, Government of India to file a specific affidavit/status report with regard to the final/formal decision for granting prosecution sanction with regard to eight IAS officers within a period of six weeks in the alleged arms licence scam.
These directions were passed by the Division Bench in the much publicized Public Interest Litigation (PIL No.09/2012) titled Sheikh Mohd. Shafi and Anr Versus Union of India and Ors i.e. infamous Arms Licence Scam wherein the Division Bench on April 24, 2025 had issued detailed directions to GAD to apprise the Court of the further progress in the matter with regard to the sending of prosecution proposals of IAS Officers to MHA/DoPT, Government of India.
When this PIL of wide public importance came up for hearing, Deputy Solicitor General of India Vishal Sharma appearing for Ministry of Home Affairs, Government of India submitted that he has filed a latest status report on behalf of MHA wherein it is revealed that three separate communications dated May 27, 2025, July 04, 2025 and July 25, 2025 regarding proposals for grant of prosecution sanction against eight IAS Officers have since been received from J&K Government and in the status report, the names of the said eight IAS Officers are Pandurang Kondbarao Pole (AGMUT: 2004), M. Raju (AGMUT:2005), Yasha Mudgal (AGMUT: 2007), Jatinder Kumar Singh (JH: 2008), Dr. Shahid Iqbal Choudhary (AGMUT: 2009), Niraj Kumar (AGMUT: 2010), Prasanna Ramaswamy (AGMUT: 2010) and Ramesh Kumar (AGMUT: 2011) figuring.
DSGI Vishal Sharma appearing for MHA further submitted that after the receipt of the proposals for grant of prosecution sanction, the matter is being examined by the Ministry and the action as per the existing rules upon due consideration of the documents/comments received from CBI/J&K Administration shall be taken.
At this stage, the Division Bench headed by Chief Justice Arun Palli put a specific query to the DSGI Vishal Sharma with regard to the precise time the Authorities would require to reach a final/formal decision for granting sanctions, the DSGI submitted that in every likelihood, the said process should not take more than 06 weeks and the Division Bench upon this observed that, “Be that as it may, he submits that he would furnish a specific affidavit/status report in this regard.”
At this stage, Sr. AAG Mohsin Qadri (through virtual mode from Srinagar Wing) appearing for Government of J&K submitted that since the Government of J&K has complied with the directions of the Division Bench dated April 24, 2025 by forwarding the proposals of eight IAS Officers for grant of prosecution sanction to the MHA as such, the instant PIL be closed as it has served its purpose. The Sr. AAG Mohsin Qadri vehemently argued that no useful purpose will be served in keeping the present PIL alive and the same should be closed.
On the other hand, Advocate S.S. Ahmed with Advocates Rahul Raina, Supriya Chouhan, M. Zulkarnain Chowdhary and Kais Alam appearing for the petitioners submitted that the instant PIL involves the issues of National Security and the Arms Licences were allegedly issued by the delinquent IAS Officers on monetary considerations in connivance with gun dealers and this is substantiated from the status report of the CBI wherein it is categorically observed that from 2012 to 2016, 2.67 Lacs Arms Licences were issued on extraneous considerations to non deserving people and in March, 2021, the J&K Government granted prosecution sanction against KAS Officers allegedly involved in the said scam and since March, 2021, the CBI is repeatedly requesting J&K Government to forward the prosecution proposals of the IAS Officers but on one pretext or the other, the prosecution proposals were delayed intentionally and deliberately to shield the high profile IAS Officers allegedly involved in the Arms Licence Scam primarily for the reason that they have been enjoying prime positions in J&K Bureaucracy.
Advocate S.S. Ahmed vociferously argued that the eight IAS Officers named above are still occupying prime positions and wield lot of influence in the corridors of power and it is only because of the continuous monitoring by this Court that finally in August, 2025, the proposals have finally reached at MHA/DoPT for a final decision. Advocate Ahmed further submitted that for upholding Rule of Law and till the final decision is taken by MHA, the monitoring by this Constitutional Court must go on so that this Court gets to know about the final outcome of the decision taken by the Government of India.
After considering the submissions of both the sides, the Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal allowed six weeks’ time to DSGI Vishal Sharma to come up with a specific affidavit/status report indicating the final/formal decision in this much publicized Arms Licences Scam and looking into the importance of the matter, the Division Bench directed the Registry to re-notify the instant PIL on October 09, 2025. Advocate Ahtsham Bhat appeared for FCI in this matter.