Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | PREVENTION OF CORRUPTION ACT 1988 Previous sanction necessary for prosecution |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | PREVENTION OF CORRUPTION ACT, 1988:s. 19 - Previous sanction necessary for prosecution - Writ petition seeking to declare the provision as unconstitutional on the ground that the provision is being used to protect dishonest and corrupt politicians and Government officials ..:.. Direction sought for prosecution of all cases registered and investigated under the provisions of the Act without sanction as required u/s 19 - Held: Requirement of sanction uls 19 has salutary object of protecting an innocent public servant against unwarranted and ma/a fide prosecution - Mere possibility of abuse cannot be a ground to declare a provision, otherwise valid, to be unconsa.tutional - The E exercise of power has to be regulated to effectuate the purpose of Jaw - Requirement of sanction is not unconstitutional - Competent authority has to take a decision on the issue of sanction expeditiously - A fine balance has to be maintained between need to protect a public servant F against ma/a fide prosecution and the object of upholding the probity in public life in prosecuting the public servant against whom prima facie material in support of allegation of corruption exists -Therefore, no further directions are G necessary. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2014 INSC 526 |
Petitioner | Manzoor Ali Khan |
Respondent | Union Of India & Ors. |
SCR | [2014] 7 S.C.R. 569 |
Judgement Date | 2014-08-06 |
Case Number | 305 |
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