J&K Arms Licence Scam: High Court Rejects Plea by Two IAS Officers, Seeks Centre’s Report on Prosecution Sanction
Jammu and Kashmir and Ladakh High Court declines intervention plea by IAS officers Pandurang Pole and Shahid Iqbal Choudhary in the arms licence scam, while seeking a compliance report from the Centre on prosecution sanction. J&K Arms Licence Scam: High Court Declines Plea by Two IAS Officers, Seeks Centre’s Compliance Report
The Jammu and Kashmir and Ladakh High Court has declined to entertain an application by 2004-batch IAS officer Pandurang Pole and 2009-batch IAS officer Shahid Iqbal Choudhary seeking intervention in the alleged multi-crore arms licence scam. The officers subsequently withdrew their plea, while the court sought an updated compliance report from the Centre on the status of prosecution sanction.
The Jammu and Kashmir and Ladakh High Court has declined to entertain an application filed by two IAS officers seeking to intervene in a pending 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 batch, AGMUT cadre) and Shahid Iqbal Choudhary (IAS, 2009 batch, AGMUT cadre). 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 applicants. Their application was subsequently dismissed as withdrawn after their counsel sought permission to pursue their representations before the competent authority.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 from the High Court?
The two officers had approached the High Court seeking to be impleaded in an ongoing PIL that questioned the delay in granting prosecution sanction against IAS officers allegedly linked to the arms licence irregularities.
They also sought directions to the DoPT to consider their individual representations and independently examine the CBI’s proposal before taking a decision on prosecution sanction.
Appearing on their behalf, Senior Advocate Sakal Bhushan argued that the competent authorities should examine each officer’s case independently rather than rely on the doctrine of deemed sanction. He maintained that the applicants wanted their representations to receive proper consideration before any decision was taken.
The Division Bench, however, observed that apprehensions regarding the authorities’ approach to the matter did not, by themselves, justify judicial directions compelling them to consider the representations in a particular manner.
Following the court’s observations, the applicants’ counsel sought permission to withdraw the application and pursue the matter before the appropriate authorities. The court accordingly permitted the withdrawal.
Who Are the Two IAS Officers?
Both applicants are among the IAS officers named in the CBI’s investigation into the alleged arms licence scam.
1. Pandurang Kondbarao Pole
Pandurang Kondbarao Pole is a 2004-batch IAS officer of the AGMUT cadre. He is currently serving as Secretary, Land and Building, in the Government of the National Capital Territory of Delhi.
2. Shahid Iqbal Choudhary
Shahid Iqbal Choudhary is a 2009-batch IAS officer of the AGMUT cadre. He is currently posted as Secretary to the Government of Arunachal Pradesh.
Apart from these two officers, the CBI has sought prosecution sanction against several other IAS officers in connection with the investigation. They include M. Raju, Yasha Mudgal, Jitendra Kumar Singh, Niraj Kumar, Prasanna Ramaswamy and Ramesh Kumar.
The Centre has already granted prosecution sanction against IAS officer Kumar Rajeev Ranjan. With this, the total number of IAS officers against whom the CBI has sought sanction stands at nine.
What Is the Jammu and Kashmir Arms Licence Scam?
The alleged arms licence scam concerns the issuance of a large number of arms licences by district magistrates and other licensing authorities in the erstwhile state of Jammu and Kashmir between 2012 and 2016.
The CBI is investigating allegations that licences were issued to ineligible applicants, including individuals who were not residents of Jammu and Kashmir. The alleged irregularities involved the use of forged documents, false claims of association with Army personnel and suspected collusion among government officials, intermediaries and arms dealers.
The matter 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 obtained using forged documents.
Key Details of the CBI Investigation
* Scale of the alleged irregularities: The investigation covers approximately 2.74 lakh to 2.78 lakh arms licences issued between 2012 and 2016.
* Authorities under scrutiny: The licences were issued by various district magistrates and licensing authorities across the erstwhile state.
* Alleged modus operandi: The investigation involves suspected forgery, fraudulent documentation and alleged collusion among officials, middlemen and gun dealers.
* Prosecution sanction: The CBI has sought the Centre’s approval to prosecute nine IAS officers.
* Sanction granted: 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, Advocate Sheikh Shakeel Ahmed, appearing for the PIL petitioners, referred to an updated status report submitted by the Ministry of Home Affairs (MHA).
According to the submissions before the court, the MHA had examined the matter in detail and consulted both the investigating agency and the Jammu and Kashmir Government before forwarding its considered opinion to the DoPT.
The department is required to take the final decision on the prosecution sanction request in accordance with the prescribed procedure.
The PIL petitioners had expressed concern over the delay in deciding the CBI’s requests, arguing that the prolonged process was affecting the progress of the investigation and the possibility of bringing the alleged offenders to justice.
The High Court’s latest proceedings have once again brought the issue of prosecution sanction into focus, particularly the responsibility of the competent authorities to take timely decisions in cases involving serving and former civil servants.
The matter remains significant as the CBI continues its investigation into one of the largest alleged arms licensing irregularities reported in the erstwhile state of Jammu and Kashmir.
