Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1990-Section 5 Prevention of corruption Act 1988-Sections 13(1)(e) and 19 Orissa Special Courts Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Orissa Special Courts Act, 1990-Section 5 Prevention of corruption Act, 198&-Sections 13(1)(e) and 19-Offence of criminal misconduct-Prosecution of MLA-No sanction of Governor or any other authority required-Provisions of Section 19 inapplicable-Offence committed during appellant's tenure as Minister- He continued to be MLA-Whether he could be prosecuted for offence committed after he ceased to be Minister-Held, No.The appellants were Minister in the Council of Ministers of the State of Orissa during the period in which they were alleged to have been found in possession of pecuniary resources or property disproportionate to their known sources of income. Subsequently, they ceased to be Ministers due to the change of Government and thereafter were elected as the Members of the Legislative Assembly of the State. They continued to be such Members till the prosecutions were launched against them for the offence of criminal misconduct u/s 13 (1)(e) of the Prevention of Corruption Act.The appellant filed an application before the Special Court for recalling the orders of cognizance of the offence of the ground that at the time of taking the cognizance, he was an MLA and as such a public servant within the meaning of Section 2(c)(viii) of the Act and, therefore, he could not be tried for the offence u/s 13(1)(e) without the sanction of the Governor of the State u/s 19 of the Act who according to him was competent to remove an MLA. The Special Court dismissed the application holding that an MLA was not a public servant and further the Governor was not competent to remove an MLA. This order was challenged by the appellant. The matter was dismissed by the High Court holding that an MLA was a public servant within the meaning of Section 2(c)(vii) of the Act but the Governor had no power of 'removal' of an MLA under Art. 192 of the Constitution by way of punishment. It was held that since the Governor was not the authority to remove an MLA, the sanction was not necessary u/s 19 of the Act. These appeals were filed against the judgment of the High Court.A question of law raised for consideration was whether sanction was required for launching a criminal prosecution against the appellants and whether the appellants could be prosecuted for the offence which they were alleged to have committed during their tenure as ministers after they ceased to be the ministers. |
Judge | Hon'ble Mr. Justice P.B. Sawant |
Neutral Citation | 1995 INSC 93 |
Petitioner | Habibulla Khan |
Respondent | State Of Orissa And Anr. |
SCR | [1995] 1 S.C.R. 819 |
Judgement Date | 1995-02-02 |
Case Number | 212 |
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