MHA’s decision on Prosecution Sanction of IAS Officers under Active Consideration, Submits DSGI

In the infamous Arms Licences Scam which is being monitored by the Division Bench of the High Court of Jammu & Kashmir and Ladakh (Jammu Bench) in PIL No. 09/2012 titled Sheikh Mohd. Shafi & Anr. V/s UOI & Ors., the Deputy Solicitor General of India (DSGI) Vishal Sharma with CGSC A.C.Koul appearing for Ministry of Home Affairs (MHA), Govt. of India informed the Division Bench comprising the Chief Justice Arun Palli and Justice Rajnesh Oswal that necessary affidavit in terms of order dated 09.10.2025 has been filed. DSGI Vishal Sharma further submitted that Govt. of J&K as also the CBI vide Communications dated 26.09.2025 and 14.10.2025 have submitted their respective replies to the clarifications that were sought by the Ministry of Home Affairs.

    DSGI Vishal Sharma further submitted that currently the matter is under active consideration of the MHA and a formal decision in this regard is likely to be reached in the immediate future. The DSGI on behalf of the MHA sought a short accommodation and his prayer was accepted by the Division Bench headed by the Chief Justice Arun Palli.

    The MHA in its Status Report dated 06.08.2025 informed the Division Bench that it has received the proposals for grant of Prosecution Sanction from J&K Govt. against IAS officers vide its letters dated 27.05.2025, 04.07.2025 and 25.07.2025 with regard to P.K.Pole (AGMUT:2004) the then DM, Udhampur; M.Raju (AGMUT:2005) the then DM, Kargil; Yasha Mudgal (AGMUT:2007) the then DM, Udhampur/DM, Baramulla; Jitendra Kumar Singh (JH:2008) the then DM, Kathua/DM, Rajouri; Dr. Shahid Iqbal Choudhary (AGMUT:2009) the then DM, Udhampur; Niraj Kumar (AGMUT:2010) the then DM, Udhampur/DM Pulwama; Prasanna Ramaswamy G (AGMUT:2010) the then ADM Kathua/DM, Leh as well as Ramesh Kumar(AGMUT:2011) the then DM, Kathua and the MHA further in its Status Report dated 07.10.2025 had informed the Division Bench that on 27.08.2025 the MHA under the Chairmanship of Addl. Secretary (UT) convened a meeting with the officials of the Govt. of J&K and CBI to discuss the CBI’s proposal for grant of Sanction for Prosecution against the IAS officers named in CBI FIR Nos. No. RCCHGO51201850006 and No. RCCHGO51201850007. The MHA in the said Status Report had further conveyed that after receiving the comments of CBI, the proposal shall be examined and appropriate decision will be taken.
When this much publicised PIL came up for hearing before the Division Bench comprising the Chief Justice Arun Palli and Justice Rajnesh Oswal on 20.11.2025, the DSGI Vishal Sharma with CGSC A.C.Koul appearing for Union of India submitted that currently the matter is under active consideration of MHA and a formal decision in this regard is likely to be reached in the immediate future. At this stage Sr. AAG Mohsin Qadri with Advocate Maha Majeed (through Virtual Mode) appearing for Govt. of J&K submitted that the Govt. of J&K has done its job by forwarding the proposals to MHA and matter should be left to be decided by the Competent Authority in MHA and the PIL be closed as no purpose would be served in keeping the matter alive.

         Advocate S.S.Ahmed with Advocate Supriya Singh Chouhan appearing for the petitioners in the open court appreciated the assistance rendered by DSGI Vishal Sharma and Sr. AAG Mohsin Qadri and their Assisting Counsels for promptly filing the Status Reports and taking keen interest in taking the instant PIL to its logical conclusion which is of wide public importance. The Division Bench headed by the Chief Justice Arun Palli also appreciated the role of the DSGI and Sr. AAG along with their Assisting Counsels for their valuable assistance in the matter.

       After considering the matter at length, the Division Bench accepted the prayer of DSGI Vishal Sharma for a short accommodation with a view to convey the Division Bench the formal decision of the MHA with regard to grant of Prosecution Sanction of IAS officers and adjourned the matter to 30.12.2025.