Jammu: The Jammu & Kashmir and Ladakh High Court has declined to entertain an application filed by two IAS officers seeking to intervene in the long-pending Arms Licence Scam case and asking the Centre to consider their representations before deciding on a proposal for prosecution sanction against them.
The application was filed by Pandurang Kondbarao Pole, a 2004-batch IAS officer of the AGMUT cadre, and Shahid Iqbal Choudhary, a 2009-batch AGMUT cadre officer.
A Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajnesh Oswal observed that there was no justification for issuing the directions sought by the officers. The court noted that their argument appeared to presume that the authorities would not properly examine their representations without judicial intervention.
The application was subsequently withdrawn.
Why Did the Two IAS Officers Approach the High Court?
The officers had sought to become parties to PIL No. 9/2012, titled Sheikh Mohd. Shafi and Another versus Union of India and Others.
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They also requested the court to direct the Department of Personnel and Training (DoPT) to consider their representations before taking a final decision on the Central Bureau of Investigation’s (CBI) proposal seeking prosecution sanction against them.
Their counsel, Senior Advocate Sakal Bhushan, assisted by Advocate Rahul Sharma, argued that the principle of deemed sanction should not be applied mechanically.
He submitted that the competent authorities should examine the individual circumstances of the case and consider the officers’ representations before deciding on the prosecution sanction proposal.
However, the Bench found no grounds to issue the requested direction.
During the proceedings, the officers’ counsel alternatively sought permission to withdraw the application and pursue their representations before the DoPT.
The court allowed the application to be withdrawn and observed that the officers did not require any separate permission from it to pursue remedies available under the law.
MHA Forwards Its Opinion to DoPT
During the hearing, Advocate S.S. Ahmed, appearing for the petitioners in the PIL, informed the court that the Ministry of Home Affairs (MHA) had submitted an updated status report in compliance with its July 6, 2026 order.
According to the submission, the MHA had completed its examination of the prosecution sanction proposal after consulting the investigating agency and the Jammu and Kashmir Government.
Following the consultations, the ministry finalised its views and comments and forwarded its considered opinion to the DoPT for a final decision under the prescribed procedure.
Ahmed requested the court to direct the DoPT to place its final decision on the prosecution sanction proposal before it.
Taking note of the submission, the Division Bench directed Deputy Solicitor General of India Vishal Sharma, representing the Union Government, to submit a comprehensive report detailing compliance with the court’s previous orders.
Who Are the Two IAS Officers?
The application before the High Court was filed by two AGMUT cadre IAS officers:
- Pandurang Kondbarao Pole: A 2004-batch IAS officer currently serving as Secretary, Land and Building, Government of the National Capital Territory of Delhi.
- Shahid Iqbal Choudhary: A 2009-batch IAS officer currently serving as Secretary, Government of Arunachal Pradesh.
Both officers sought judicial intervention in the process concerning the proposed prosecution sanction against them.
The court’s latest order concerns their intervention application and the administrative process for deciding the prosecution sanction proposal. It does not determine the allegations against them.
What Is the J&K Arms Licence Scam?
The Arms Licence Scam relates to alleged irregularities in the issuance of arms licences in Jammu and Kashmir between 2012 and 2016.
The CBI has been investigating allegations that arms licences were issued to non-residents using forged documents and in exchange for money, involving officials who served as District Magistrates and other administrative authorities.
According to earlier reports, the investigation covers approximately 2.74 lakh arms licences issued during the period. The agency has sought prosecution sanction against several IAS officers, with the process remaining under consideration by the competent authorities.
The PIL, which has been pending since 2012, has repeatedly brought the status of prosecution sanction and the progress of the investigation before the High Court.
The Division Bench has now scheduled the next hearing for December 23, 2026, when the Centre’s compliance report is expected to be placed before it.
