HC asks MHA to file updated affidavit, status of prosecution sanction of 8 IAS officers

Jammu, Aug 8: The High Court of Jammu and Kashmir and Ladakh has directed the Ministry of Home Affairs (MHA) to file a specific affidavit and status report vis-à-vis the final formal decision for granting prosecution sanction with regard to eight Indian Administrative Service (IAS) officers in a case related to the arms licence scam.

This significant direction was passed by the Division Bench of the High Court of J&K and Ladakh at Jammu, comprising Chief Justice Arun Palli and Justice Rajnesh Oswal, while hearing the related Public Interest Litigation (PIL No 09/2012) titled Sheikh Muhammad Shafi and another versus Union of India and others.

The Division Bench directed Deputy Solicitor General of India (DSGI) Vishal Sharma, appearing for MHA and Department of Personnel and Training (DoPT), Government of India, to file an affidavit and status report within six weeks.

During hearing, DSGI Vishal Sharma, appearing for Ministry of Home Affairs, Government of India, submitted that he filed a latest status report on behalf of MHA revealing that three separate communications dated May 27, 2025, July 4, 2025, and July 25, 2025 regarding proposals for grant of prosecution sanction against eight IAS officers had since been received from J&K government and in the status report, the names of eight IAS officers were figuring.

Notably, on April 24, 2025, the Division Bench 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 and DoPT, Government of India.

DSGI further submitted that after the receipt of the proposals for grant of prosecution sanction, the matter was being examined by the ministry and the action as per the existing rules, upon due consideration of the documents and comments received from CBI and J&K administration, would be taken.

At this stage, the Division Bench, headed by Chief Justice Arun Palli, asked the DSGI the precise time the authorities would require to reach a final and formal decision for granting sanctions.

The DSGI submitted that, in all likelihood, the said process should not take more than six weeks.

Upon this, the Division Bench observed, “Be that as it may, he submits that he would furnish a specific affidavit and status report in this regard.”

At this stage, Senior AAG Mohsin Qadri, through virtual mode from Srinagar wing, appearing for Government of J&K, submitted that since the J&K government had 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 had served its purpose.

However, Advocate S S Ahmad, along with other advocates, appearing for the petitioners, submitted that the PIL in question involved the issues of national security and the arms licences were allegedly issued by the IAS officers on monetary considerations in connivance with gun dealers.

“It was substantiated from the status report of the CBI wherein it was categorically observed that from 2012 to 2016, 2.67 lakh arms licences were issued on extraneous considerations to non-deserving people. In March 2021, the J&K government granted prosecution sanction against KAS officers allegedly involved in the said scam. Since March 2021, the CBI had been repeatedly requesting the J&K government to forward the prosecution proposals of the IAS officers, but on one pretext or the other, they (prosecution proposals) were delayed intentionally and deliberately to shield the high-profiled IAS officers,” S S Ahmad claimed.

He argued that the eight IAS officers were still occupying prime positions and wielding a lot of influence in the corridors of power.

He submitted, “For upholding the rule of law and till the final decision is taken by MHA, the monitoring by the Court must go on so that it (court) gets to know about the outcome of the decision taken by the Government of India.”

After considering the submissions of both sides, the Division Bench allowed six weeks’ time to DSGI Vishal Sharma to come up with a specific affidavit and status report indicating the final and formal decision of MHA in the case.

The PIL will now come up for hearing on October 9, 2025.