//
archives

prosecution

This tag is associated with 1 post

Sec.19 of P.C. Act – Constitutional validity challanged – to avoid delay in sanctioning permission for prosecution against Politicians, M.L.As, M.Ps. and Govt. Officials – Apex court held that it is not possible to hold that the requirement of sanction is unconstitutional, the competent authority has to take a decision on the issue of sanction expeditiously as already observed. A fine balance has to be maintained between need to protect a public servant against mala fide prosecution on the one hand 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, on the other hand and made some guide lines to the parliament (a) All proposals for sanction placed before any sanctioning authority empowered to grant sanction for prosecution of a public servant under Section 19 of the PC Act must be decided within a period of three months of the receipt of the proposal by the authority concerned. (b) Where consultation is required with the Attorney General or the Solicitor General or the Advocate General of the State, as the case may be, and the same is not possible within the three months mentioned in clause (a) above, an extension of one month period may be allowed, but the request for consultation is to be sent in writing within the three months mentioned in clause (a) above. A copy of the said request will be sent to the prosecuting agency or the private complainant to intimate them about the extension of the time-limit. (c) At the end of the extended period of time-limit, if no decision is taken, sanction will be deemed to have been granted to the proposal for prosecution, and the prosecuting agency or the private complainant will proceed to file the charge-sheet/complaint in the court to commence prosecution within 15 days of the expiry of the aforementioned time-limit.”.= WRIT PETITION (C) NO. 305 OF 2007 = Manzoor Ali Khan … Petitioner (s) Versus Union of India & Ors. … Respondent (s) = 2014 – Aug.Part- http://judis.nic.in/supremecourt/filename=41810

Sec.19 of P.C. Act – Constitutional validity challanged – to avoid delay in sanctioning permission for prosecution against Politicians, M.L.As, M.Ps. and Govt. Officials – Apex court held that  it  is  not  possible  to  hold  that  the  requirement  of sanction  is  unconstitutional,  the  competent  authority  has  to  take  a decision on the issue of sanction expeditiously as already observed. A … Continue reading

Blog Stats

  • 2,848,829 hits

ADVOCATE MMMOHAN

archieves

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,901 other followers

Follow advocatemmmohan on WordPress.com