Arms Licenses Scam | J&K&L High Court Directs MHA To File Fresh Affidavit On Sanction To Prosecute 8 IAS Officers

“.. We are constrained to observe that the petition at hands is being tried in public interest and is pending since 2012. But, the matter has not made much progress. Therefore, for the present, as prayed by learned counsel for the respondents, we defer the proceedings by four weeks. Respondents shall furnish a fresh affidavit on or before the adjourned date, indicating the progress in the matter”, a Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal observed.

The PIL was instituted raising allegations of large-scale corruption in Jammu & Kashmir, including irregularities in the issuance of arms licences during 2012–2016. The matter was investigated by the CBI after reference by the then Government of J&K. While sanction for prosecution was reportedly granted against certain JKAS officers and charge sheets have been filed, the question of sanction against eight IAS officers remains under consideration with the MHA.

On February 12, 2026, the Division Bench had been informed that the matter was under active consideration and that a formal decision was likely in the immediate future. The Court had accordingly deferred the proceedings.

When the case was taken up again on February 26, 2026, the Bench was informed that the matter was still under consideration. Upon being specifically asked about the timeline for a formal decision, learned senior counsel for the respondents sought short accommodation to obtain instructions and furnish a specific affidavit.

MHA Seeks Further Time

A status report dated February 24, 2026, accompanied by an affidavit of the Under Secretary to the Government of India, Ministry of Home Affairs, was placed on record. The report disclosed that a meeting was convened on August 27, 2025 by the MHA, chaired by the Additional Secretary of the Union Territory, and attended by officials of the Government of Jammu & Kashmir and the CBI.

The CBI's proposal seeking sanction for prosecution against the IAS officers named in the subject FIRs was deliberated upon during the meeting. The MHA stated that certain clarifications were sought from the J&K Administration as well as the CBI to enable the Ministry to take an informed decision, and that those clarifications have since been submitted.

However, it was submitted that the proposal requires “comprehensive and detailed analysis” in light of the relevant records and evidence collected during investigation to determine the role of each officer, and therefore four months' further time was sought to complete the process and take a final decision.

Appearing for the Union of India, Deputy Solicitor General Vishal Sharma along with CGSC Anishwar Chatterji Koul submitted that the Ministry requires additional time to arrive at a legally sustainable decision.

For the petitioners, Advocate S.S. Ahmed, assisted by Advocate Supriya Chouhan, pressed for expeditious consideration, pointing out that the matter has remained pending for over a decade and concerns issues of significant public importance.

After perusing the status report and hearing counsel, the Division Bench expressed dissatisfaction with the pace of progress in the matter. In a pointed observation, the Court recorded that it was constrained to observe that the petition at hands is being tried in public interest and is pending since 2012. But, the matter has not made much progress.

The Bench noted that despite earlier assurances that a decision was likely in the immediate future, the issue of sanction continued to remain under consideration. While taking note of the request made by the respondents for additional time, the Court granted four weeks' time and directed that a fresh affidavit be filed on or before the next date of hearing, specifically indicating the progress made in the matter.

The case has now been adjourned to April 9, 2026.

Case Title: Sheikh Mohd. Shafi and another Vs Union of India & Ors

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