Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2011 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (11) TMI 842 - SC - Indian LawsOffences punishable u/s 13(2) r/w Sections 13(1)(d) and 13(1)(a) of the Prevention of Corruption Act - Question of validity of sanction order in the course of trial - HELD THAT:- While drawing a distinction between the absence of sanction and invalidity of the sanction, this Court in Parkash Singh Badal [2006 (12) TMI 548 - SUPREME COURT] expressed in no uncertain terms that the absence of sanction could be raised at the inception and threshold by an aggrieved person. In our view, invalidity of sanction where sanction order exists, can be raised on diverse grounds like non-availability of material before the sanctioning authority or bias of the sanctioning authority or the order of sanction having been passed by an authority not authorised or competent to grant such sanction. The above grounds are only illustrative and not exhaustive. All such grounds of invalidity or illegality of sanction would fall in the same category like the ground of invalidity of sanction on account of non-application of mind - a category carved out by this Court in Parkash Singh Badal, the challenge to which can always be raised in the course of trial. Since cognizance has already been taken against the Appellant by the Trial Judge, the High Court cannot be said to have erred in leaving the question of validity of sanction open for consideration by the Trial Court and giving liberty to the Appellant to raise the issue concerning validity of sanction order in the course of trial. Such course is in accord with the decision of this Court in Parkash Singh Badal and not unjustified. Therefore, we are satisfied that the impugned order does not call for any interference. Appeals are, accordingly, dismissed. However, it will be open to the Appellant to raise the issue of invalidity of sanction order before the Trial Judge.
|