The Jammu & Kashmir and Ladakh High Court was informed by the Ministry of Home Affairs (MHA) that the matter concerning prosecution sanction for eight IAS officers accused in the Jammu & Kashmir arms licence scam is currently under active consideration and that a final decision is expected shortly. The information was provided during proceedings in a Public Interest Litigation concerning allegations that an extensive racket involving the illegal issuance of lakhs of gun licences had taken place between 2012 and 2016. The CBI, which is investigating the scam, has alleged that licences were issued to ineligible persons in exchange for unlawful monetary gains. The case is being heard by a division bench comprising the Chief Justice and another judge.
During the hearing, the Deputy Solicitor General appearing for the MHA submitted a status report detailing the progress of the sanction process. He informed the court that three separate proposals seeking prosecution sanction against the eight IAS officers had been received by the MHA. These proposals were forwarded by the Jammu & Kashmir government on three dates over recent months. The MHA explained that it was examining the proposals comprehensively, taking into account the accompanying materials, comments from the CBI, and the views of the J&K administration. The ministry conveyed its commitment to taking a decision strictly in accordance with the prescribed legal framework.
In response to the bench’s queries about the timeline for completion of this process, the Deputy Solicitor General indicated that the ministry was likely to reach a decision within six weeks. He also assured the court that once the decision was finalized, the MHA would file an affidavit and a detailed status report setting out its conclusions. The assurance was taken on record by the court.
After considering the submissions, the High Court granted the MHA additional time to finalise its decision. The bench directed that the affidavit containing the final sanction decision be placed before it once the process is complete. The court’s order reflects its continued monitoring of developments in the case and its expectation that the MHA will proceed diligently while ensuring compliance with statutory requirements governing prosecution sanction for public servants.
The PIL remains ongoing as part of wider judicial scrutiny into the alleged irregularities in the issuance of arms licences in Jammu & Kashmir. The sanction for prosecution is a key procedural requirement before criminal proceedings can move forward against the IAS officers implicated in the investigation. The court has kept the matter pending to ensure that the sanction decision is reached and communicated.
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