Bench declines to direct DoPT to consider their representations before deciding on CBI prosecution sanction proposal; seeks compliance report from Centre
Jammu, Nov 6: The Jammu and Kashmir and Ladakh High Court has dismissed as withdrawn an application filed by two IAS officers seeking intervention in a 2012 public interest litigation (PIL) concerning the alleged arms licence scam and directions to the Centre to consider their representations before deciding on a CBI proposal for prosecution sanction.
A division bench comprising Chief Justice Dr Pushpendra Singh Bhati and Justice Rajnesh Oswal passed the order on November 3 while hearing an application filed by Pandurang Kondbaroa Pole, a 2004-batch AGMUT-cadre IAS officer, and Shahid Iqbal Choudhary, a 2009-batch AGMUT-cadre IAS officer.
Pole is presently posted as Secretary, Land and Building, Government of the National Capital Territory of Delhi, while Choudhary is serving as Secretary to the Government of Arunachal Pradesh.
The officers had sought impleadment in PIL No. 9/2012, titled Sheikh Mohd Shafi and Another versus Union of India and Others, besides directions to the Department of Personnel and Training (DoPT) to consider their representations before taking a decision on the proposal for grant of prosecution sanction submitted by the CBI.
During the hearing, Senior Advocate Sakal Bhushan, appearing for the officers, argued that the doctrine of deemed sanction could not be applied mechanically and that the authorities were required to undertake a case-by-case assessment.
He submitted that the officers were seeking limited relief, including consideration of their representations by the competent authority before any decision was taken on the CBI’s proposal.
However, the bench observed that issuing such directions to the authorities was unwarranted, particularly when the counsel had offered to withdraw the application and pursue the representations before the DoPT.
“The reason why this Court has not accepted the application is that merely the gist of the submission made by learned Senior counsel was that unless the Court directs there will not be proper application of mind by the respondents, which does not seem to find any favour of the Court,” the bench observed.
Holding that the application could not be entertained, the court dismissed it as withdrawn. It also observed that no specific liberty was required for the applicants to pursue remedies available under law.
Meanwhile, Advocate S S Ahmed, appearing for the petitioners in the original PIL, informed the court that the Ministry of Home Affairs (MHA) had filed an updated status report in compliance with its July 6, 2026 order.
According to the submission, the MHA had stated that after detailed examination and consultations with the investigating agency and the Jammu and Kashmir government, it had finalised its views and comments on the proposal and forwarded its considered opinion to the DoPT for a final decision in accordance with the prescribed procedure.
Ahmed sought directions to the DoPT to place its final decision before the court.
Taking note of the submission, the division bench directed Vishal Sharma, Deputy Solicitor General of India, appearing for the Union government, to submit a comprehensive report on compliance with the orders passed by the court from time to time.
The court listed the PIL along with connected petitions for further hearing on December 23, 2026.
The PIL, pending before the High Court since 2012, concerns the alleged illegal issuance of arms licences in Jammu and Kashmir and the investigation being conducted by the CBI.
