Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2007 (10) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2007 (10) TMI 681 - SC - Indian LawsAllegations of criminal misconduct - Refusal to grant sanction u/s 197 of CrPC for prosecution of Ms. Mayawati (Chief minister) and Shri Naseemuddin Siddiqui - Project known as 'Taj Heritage Corridor Project' - CBI investigated into the matter and asked to furnish a self-contained note as regards its findings against the erring officers and holders of public posts - A detailed report was submitted by it - HELD THAT:- It is one tiling to say that this Court will not refrain from exercising its jurisdiction from issuing any direction for protection of cultural heritage and the ecology and environment; but then in discharge of the said duty, this Court should not take upon itself the task of determining the guilt or otherwise of an individual involved in the criminal proceeding. It should not embark upon an enquiry in regard to the allegations of criminal misconduct so as to form an opinion one way or the other so as to prima facie determine guilt of a person or otherwise. Any direction which could be issued, in our opinion, has already been issued by us on 27.11.2006. We may observe that while entertaining a public interest litigation in a given case, this Court may exercise a jurisdiction to set aside the decision of a constitutional authority, but we are not concerned with such a situation. We, therefore, are of the view that we need not go further than what we have already said in our order dated 27.11.2006 to go into the correctness or otherwise of the order of the Governor. If no sanction of the Governor was required or if he has committed an error in passing the said order, the appropriate court, in our opinion, would be entitled to deal therewith, but not this Bench. We, therefore, are of the opinion that this Bench should not entertain the application filed by the learned Amicus Curiae. The said application is dismissed with the aforesaid observations.
|