Sanction for prosecution?
11 Jan 2010, 04:40
So Section 19 of the Prevention of Corruption Act requires sanction from the superior authority for the prosecution of any person charged with an offence under certain sections of the act.
my question is, in case the sanction required is of the president, one which has been denied, can the Court issue an order directing the president to sanction such a prosecution, incase there are chances of bias and overwhelming evidence regarding the charge?
Ref. to Raja’s case regarding the 2g allotment issue..
5 Replies
No, denial of permission for prosecution by the President cannot be challenged in a court of law. However, the ingredients going into the decision of not permitting prosecution are open for judicial scrutiny.
The judiciary may not substitute the subjective satisfaction of the President, because the judiciary does not sit as appellate authority over the subjective satisfaction of the authority and the judiciary will not step in the shoe of the administrative authorities.
The administrative decision making process can be challenged in the court only if the authority is not applied its mind to the facts and circumstances of the case, or that there is a breach of statutory provision, or that the principles of natural justice are violated, or when the authority has come to a conclusion which no man exercising reasonable prudence could have come to such a conclusion, or that the administrative decision is otherwise unjust,m unfair, unreasonable, arbitrary and unsustainable in law.
Hemang D. Rana
(corporatearmour[at-the-rate-of]gmail[dot]com)
court has no jurisdiction to direct any agency to issue sanction.
See judgment to find out
MANSUKHLAL VITHALDAS CHAUHAN
Vs.
RESPONDENT:
STATE OF GUJARAT
DATE OF JUDGMENT: 03/09/1997
The land mark judgment rendered by Hon’ble
Supreme Court on the point is
MANSUKHLAL VITHALDAS CHAUHAN
Vs.
RESPONDENT:
STATE OF GUJARAT
DATE OF JUDGMENT: 03/09/1997