HC directs MHA to convey ‘final decision’ on prosecution sanction of 3 IAS officers

The Divisional Bench of the High Court of  Jammu & Kashmir and  Ladakh here has directed the Ministry of Home Affairs (MHA) to file the action taken report/status report conveying its final decision on the prosecution sanction for three IAS officers involved in the infamous Arms Licenses scam.
The Division Bench, comprising Chief Justice Tashi Rabstan and Justice MA Chowdhary, issued the order to Advocate Sumant Sudan after hearing a Public Interest Litigation (PIL) filed by Sheikh Mohammad Shafi regarding the delay in the prosecution process.
The CBI, which has been investigating the case (FIR number RCCHGO51201850006), sought prosecution sanction to proceed with filing charges against them as the Jammu & Kashmir Government had forwarded the proposal for prosecution sanction to the MHA on December 27, 2024.
During the hearing, Advocate Sheikh Shakeel Ahmed, with Advocates Rahul Raina, Supriya Chouhan and M Zulkarnain Choudhary, representing the petitioners, argued that both the MHA and the J&K Government were deliberately delaying the decision on the prosecution sanction.
In response, Senior Additional Advocate General (AAG) Mohsin Qadri, representing the J&K Government, clarified that the December 27, 2024, status report was yet to be considered by the bench.
However, Advocate Ahmed countered, stating that the court had already referred to the report in its January 2 order.
After hearing both sides, the Division Bench instructed Advocate Sumant Sudan, representing the MHA, to file the final decision on prosecution sanction for the three officers by the next hearing date. Daily Excelsior