Arms licence scam: Two IAS officers fail to get HC intervention on prosecution sanction
In the infamous Arms Licenses Scam, a Division Bench of High Court of J&K and Ladakh at Jammu comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajnesh Oswal dismissed an application filed by two IAS Officers namely Pandurang Kondbaroa Pole (AGMUT 2004) presently posted as Secretary, Land & Building, Government of NCT of Delhi and Shahid Iqbal Choudhary (AGMUT 2009) presently posted as Secretary, Government of Arunachal Pradesh, Itanagar seeking intervention/ impleadment in PIL No. 9/ 2012 titled Sheikh Mohammad Shafi and Anr. VS UOI and Ors. and for issuance of appropriate directions to DoPT, GOI to consider the representations submitted by the two IAS Officers before taking any decision on the proposal for grant of their prosecution sanction.
After hearing Senior Advocate Sakal Bhushan with Advocate Rahul Sharma appearing for the two IAS Officers, Advocate S.S. Ahmed appearing for the petitioners in the PIL, Vishal Sharma Senior Advocate with CGSC Karan Sharma appearing for UOI and Sr. Advocate Monika Kohli with Assisting Counsel Sagira Jaffer appearing for Govt. of J&K, the Division Bench headed by Chief Justice Dr. Pushpendra Singh Bhati observed that the Senior counsel Sakal Bhushan has tried to impress upon the Court that the doctrine of deemed sanction cannot be applied rather a case-by-case assessment is required to be made by the Authorities and the Court.
The Division Bench further observed that Sr. Advocate Sakal Bhushan tried to submit that he is seeking a minimal relief of his representation, to be considered by the Competent Authority/ DoPT before taking any decision on the proposal of grant of prosecution sanction submitted by CBI.
The Division Bench after considering the submissions of Sr. Advocate Sakal Bhushan observed, “This Court deems the issuance of such a direction to the respondent Authorities unwarranted when alternatively, Mr. Bhushan submitted that he may be permitted to withdraw the application and pursue his representation before the DoPT.”
The Division Bench further observed, “The reason why this Court has not accepted the application is that merely the gist of the submission made by learned Senior counsel was that unless the Court directs there will not be proper application of mind by the respondents, which does not seem to find any favour of the Court.”
With these observations, the Division Bench observed and directed that this Court is of the firm opinion that this application cannot be entertained. The application is dismissed as withdrawn. At this stage, the Sr. counsel appearing for the two IAS Officers submitted that liberty be granted to avail appropriate remedy as admissible under law. The Division Bench observed that needless to say that no such liberty is required from this Court.
At this stage, Advocate S.S. Ahmed appearing for the petitioners in the above mentioned PIL submitted that an updated status report has been filed by MHA pursuant to order dated 06.07.2026 passed by the Division Bench in the said PIL and in the said status report, the MHA has divulged that after detailed examination and consultation with the investigating agency and Govt. of J&K, the MHA finalized its views/ comments on the proposal and forwarded its considered opinion to the DoPT for taking a final decision in accordance with the prescribed procedure.
Advocate S.S. Ahmed further submitted that in the light of the latest status report filed by MHA, appropriate directions be issued to the DoPT to submit before this Court the final decision taken in the matter.
After considering the submissions made by Advocate S.S. Ahmed, the Division Bench directed Vishal Sharma DSGI appearing for UOI to submit a comprehensive report regarding the compliance of orders passed from time to time by the Court. The DB also directed the registry to re-notify the instant PIL on 23.12.2026.