Jammu: The Jammu and Kashmir and Ladakh High Court has declined to entertain an application filed by two IAS officers seeking to intervene in a Public Interest Litigation (PIL) concerning the alleged multi-crore arms licence scam in the erstwhile state of Jammu and Kashmir.
The application was filed by Pandurang Kondbarao Pole (IAS: 2004: AGMUT), and Shahid Iqbal Choudhary (IAS: 2009: AGMUT). Both officers are among those against whom the Central Bureau of Investigation (CBI) has sought prosecution sanction in connection with alleged irregularities in the issuance of arms licences between 2012 and 2016.
A Division Bench comprising Chief Justice Dr. Pushpendra Singh Bhati and Justice Rajnesh Oswal declined to issue directions to the Department of Personnel and Training (DoPT), Government of India, as requested by the officers. Their application was subsequently dismissed as withdrawn after their counsel sought permission to pursue their representations before the competent authority.
What Did the Two IAS Officers Seek?
The officers had approached the High Court seeking impleadment in a pending PIL that questioned the delay in granting prosecution sanction against IAS officers allegedly involved in the arms licence irregularities.
Read Also: Arms Licence Scam: J&K High Court Seeks Centre’s Compliance Report, IAS Officers Withdraw Plea
They also sought directions to the DoPT to consider their respective representations and independently examine the CBI’s proposal before taking a decision on prosecution sanction.
Appearing for the applicants, Senior Advocate Sakal Bhushan argued that the authorities should assess the matter on an individual, case-by-case basis rather than apply the doctrine of deemed sanction. He submitted that the officers were seeking an opportunity for their representations to be considered by the competent authority.
The Bench, however, observed that the apprehension that the authorities would not apply their minds properly unless directed by the court did not justify issuing the requested directions.
The application was therefore not entertained and was dismissed as withdrawn.
Who Are the Two IAS Officers?
The applicants are among the IAS officers named in the CBI’s investigation into the alleged arms licence scam.
- Pandurang Kondbaroa Pole: A 2004-batch IAS office of the AGMUT cadre. He is currently serving as Secretary, Land and Building, Government of the National Capital Territory of Delhi.
- Shahid Iqbal Choudhary: A 2009-batch IAS officer of the AGMUT cadre. He is currently posted as Secretary to the Government of Arunachal Pradesh.
The other IAS officers awaiting a decision on prosecution sanction, as identified in the reports, are M Raju, Yasha Mudgal, Jitendra Kumar Singh, Niraj Kumar, Prasanna Ramaswamy and Ramesh Kumar.
The Centre has already granted prosecution sanction against one IAS officer, Kumar Rajeev Ranjan, taking the total number of IAS officers against whom the CBI sought sanction to nine.
What Is the J&K Arms Licence Scam?
The alleged scam relates to the issuance of a large number of arms licences by district magistrates and other licensing authorities in the erstwhile Jammu and Kashmir state between 2012 and 2016.
The CBI is investigating allegations that licences were issued to ineligible applicants, including non-residents of Jammu and Kashmir, allegedly through forged documents, false claims of association with Army personnel and collusion involving officials, middlemen and gun dealers.
The irregularities came to light in 2017 when the Rajasthan Anti-Terrorism Squad and Madhya Pradesh Police, while investigating criminal networks in their respective states, reportedly uncovered instances of arms licences issued on the basis of forged documents.
Key details of the investigation:
- The CBI probe covers approximately 2.74 lakh to 2.78 lakh arms licences issued between 2012 and 2016.
- The licences were issued during the tenures of various district magistrates and licensing authorities across the erstwhile state.
- The alleged irregularities involve officials, their staff, middlemen and gun dealers.
- The CBI has sought prosecution sanction against nine IAS officers.
- Prosecution sanction has so far been granted against one IAS officer, Kumar Rajeev Ranjan.
MHA Forwards Its Opinion to DoPT on Prosecution Sanction
During the latest hearing, counsel for the PIL petitioners, Advocate Sheikh Shakeel Ahmed, referred to an updated status report submitted by the Ministry of Home Affairs (MHA).
According to the submissions made before the court, the MHA had examined the matter in detail and consulted the investigating agency and the Jammu and Kashmir Government before forwarding its considered opinion to the DoPT for a final decision under the prescribed procedure.
The PIL petitioners had raised concerns over the delay in deciding the CBI’s request for prosecution sanction.
The High Court directed Deputy Solicitor General of India Vishal Sharma to submit a comprehensive report detailing compliance with the court’s earlier orders. The matter has been listed for further hearing on December 23, 2026.
Read Also: MHA Shifts Two IAS Officers to Ladakh; Rakesh Minhas, Faz Lul Haseeb Among Those Transferred
