If an investigation indicts Siddaramaiah, Governor has to grant another sanction for his prosecution
7 months, 1 week ago

If an investigation indicts Siddaramaiah, Governor has to grant another sanction for his prosecution

The Hindu  

The sanction granted by Karnataka Governor Thaawarchand Gehlot paves the way for an investigation against Chief Minister Siddaramaiah under the provisions of the Prevention of Corruption Act, 1988, at present, and not for his prosecution under the Act. If any court has to take cognisance of the alleged offences, in case the conduct of investigation leads to the filing of a charge sheet against Mr. Siddaramaiah, then a separate sanction is required for his prosecution under Section 19 of the PC Act. Under BNSS Curiously, the Governor has also granted sanction for Mr. Siddaramaiah’s prosecution under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which authorises any court to even directly take cognisance of offences alleged against him under the provisions of the Bharatiya Nyaya Sanhita, 2023, based on materials available before the court, without ordering any investigation. However, in case an investigation agency files a charge sheet after the investigation, then the Special Court cannot proceed further unless the Governor accords sanction for Mr. Siddaramaiah’s prosecution. Caveat filed While the proceedings in the complaints presented by Mr. Krishna and Mr. Abraham are posted for further action before the Special Court in Bengaluru on August 20 and 21, respectively, Mr. Kumar has now filed a caveat before the High Court of Karnataka anticipating that Mr. Siddaramaiah is expected to exercise his legal option of filling a petition challenging the legality of the sanction granted by the Governor.

Court Prosecution Sanction Act Siddaramaiah Governor Krishna Grant Bnss Section 17A Bns Section 19 Investigation Indicts His Prosecution  sanction  governor  pc  granted  investigation  indicts  prosecution  grant  siddaramaiah  mr  offences  act  court

History of this topic

Karnataka: Governor again returns files seeking sanction to prosecute HDK and Janaradhan Reddy
2 days, 5 hours ago

Karnataka: Governor again returns files seeking sanction to prosecute HDK and Janaradhan Reddy

The Hindu  

Governor Thaawarchand Gehlot has raised queries and returned the files seeking sanction for prosecution of Union Minister for Heavy Industries and Steel H.D. This had come close on the heels of the Governor providing sanction to prosecute Chief Minister Siddaramaiah in the alleged MUDA ‘scam’ and the State Cabinet “advising” the Governor to take a call on other petitions seeking …

Supreme Court Stays CBI Investigation Against Ex-Tamil Nadu Minister KT Rajenthra Bhalaji In Corruption Case
1 week, 5 days ago

Supreme Court Stays CBI Investigation Against Ex-Tamil Nadu Minister KT Rajenthra Bhalaji In Corruption Case

Live Law  

The Supreme Court today passed an interim order restraining the Central Bureau of Investigation from conducting investigation into the allegations against former AIADMK Minister K.T. On January 6, the Madras High Court directed CBI's probe after it found that the Tamil Nadu Government had not complied with the Court's earlier order passed in November last year, directing the State police …

[Prevention Of Corruption Act] CBI Can File Final Report Even If No Offence Is Revealed During Probe: Kerala High Court
2 weeks, 4 days ago

[Prevention Of Corruption Act] CBI Can File Final Report Even If No Offence Is Revealed During Probe: Kerala High Court

Live Law  

The Kerala High Court refused to accept the argument that the CBI is divested of investigative powers when it is revealed during investigation that no offences under the Prevention of Corruption Act were made out. The Court said that if the CBI finds that offences under PC Act is not revealed, it shall submit a final report revealing the non …

Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother
3 weeks, 4 days ago

Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother

The Hindu  

The High Court of Karnataka has refused to interfere with the sanction granted by the State government for prosecuting V. Shankar, former Deputy Commissioner of Bengaluru Urban district, and two others in a criminal case of alleged misconduct in official discharge of duties by favouring the mother of the then Chief Secretary in allegedly owning two acres of government land …

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs
1 month ago

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs

The Hindu  

The High Court of Karnataka on Thursday asked the State government to respond to a PIL petition, which has questioned the legality of the Government Order issued in October 2024 for withdrawing 43 criminal cases, in which former Ministers, former MLAs, and persons belonging to influential organisations were arraigned as accused persons. Serious charges The serious charges under the provisions …

Prior Sanction For Entertaining Private Complaint Under PC Act? Supreme Court To Hear Former Karnataka CM Yediyurappa's Pleas From February 28
2 months, 1 week ago

Prior Sanction For Entertaining Private Complaint Under PC Act? Supreme Court To Hear Former Karnataka CM Yediyurappa's Pleas From February 28

Live Law  

The Supreme Court on Friday said it will begin hearing matters pertaining to cases registered under Prevention of Corruption Act involving former Karnataka Chief Minister B.S Yediyurappa from February 28. In the 5 matters listed against the former Karnataka CM, arising out of five different factual backgrounds, the common issue raised is whether prior sanction would be. In the 5 …

Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23
4 months, 2 weeks ago

Karnataka High Court To Hear CM Siddaramaiah's Appeal Against 'Sanction' Order In MUDA "Scam" Case On November 23

Live Law  

The Karnataka High Court on Thursday said it would hear next Saturday, Chief Minister Siddaramaiah's appeal challenging a single judge bench's order which had upheld the Governor's decision granting approval/ sanction for investigation against him in the alleged Mysore Urban Development Authority scam. The petition stands dismissed.” With respect to the application of Section 17A Prevention of Corruption Act the …

Setback for Siddaramaiah in MUDA Case as Court Upholds Gov's Nod for Prosecution
6 months ago

Setback for Siddaramaiah in MUDA Case as Court Upholds Gov's Nod for Prosecution

The Quint  

Upholding the Governor's nod for prosecution, the court said: The Gubernatorial order nowhere suffers from want of application of mind. The court rejected the Governor's order issued under Section 218 of Bharatiya Nagarik Suraksha Sanhita which deals with the prosecution of public servants and judges, and confined the case to Section 17A of the Prevention of Corruption Act. The complainants …

Now, Karnataka Governor seeks details of prosecution sanction given by Congress Government against officials facing corruption charges
6 months, 2 weeks ago

Now, Karnataka Governor seeks details of prosecution sanction given by Congress Government against officials facing corruption charges

The Hindu  

In the ongoing tiff between the Congress Government led by Siddaramaiah and the Raj Bhavan, the Governor Thaawarchand Gehlot has fired another salvo against the State Government by seeking details of prosecution sanction given by State Government against officials facing corruption charges since May 2023. In a communique to the Chief Secretary Shalini Rajaneesh on September 5, the Governor sought …

CM Siddaramaiah challenges prosecution sanction in MUDA land scam as an assault on federalism
6 months, 4 weeks ago

CM Siddaramaiah challenges prosecution sanction in MUDA land scam as an assault on federalism

New Indian Express  

BENGALURU: Terming the sanction granted to prosecute CM Siddaramaiah “an assault on federalism” to remove him as CM, senior advocate Abhishek Manu Singhvi argued that Governor Thaawarchand Gehlot did not apply his mind before granting sanction for prosecution in the Mysore Urban Development Authority land scam. Singhvi was arguing before Justice M Nagaprasanna, who was hearing the petition filed by …

Karnataka Congress protest against Governor on August 31
7 months ago

Karnataka Congress protest against Governor on August 31

New Indian Express  

BENGALURU: Congress state president and Deputy Chief Minister DK Shivakumar announced here on Tuesday that Congress will organise a Rajbhavan Chalo on August 31 to urge Governor Thaawarchand Gehlot to sanction prosecution against BJP and JDS leaders who are facing criminal charges. He said appeals are pending before the governor, seeking permission to prosecute Union Minister for Steel HD Kumaraswamy, …

Karnataka cabinet pressures Governor to approve prosecutions amid Siddaramaiah case
7 months ago

Karnataka cabinet pressures Governor to approve prosecutions amid Siddaramaiah case

New Indian Express  

BENGALURU: The Cabinet on Thursday decided to “advise’’ Governor Thaawarchand Gehlot to decide on giving approval for proceedings in cases pending before him. There is no politics behind the cabinet decision, Law and Parliamentary Affairs Minister HK Patil said, responding to a question whether it was done as the Governor gave permission to prosecute the CM. Patil said there are …

Karnataka Cabinet recommends ‘quick decision’ by Governor on pending sanction for prosecution against four senior NDA leaders
7 months, 1 week ago

Karnataka Cabinet recommends ‘quick decision’ by Governor on pending sanction for prosecution against four senior NDA leaders

The Hindu  

In its continued tug-of-war with Governor Thaawarchand Gehlot, the State Cabinet on Thursday recommended a “quick decision” on the matter of pending sanction for prosecution against four senior leaders of National Democratic Alliance, including Union Minister for Heavy Industries and Steel H.D. In what is being seen as a counter strategy of the Siddaramaiah-led Congress government, after the Governor gave …

To abide or not: The Hindu Editorial on the Karnataka case and corruption charges
7 months, 1 week ago

To abide or not: The Hindu Editorial on the Karnataka case and corruption charges

The Hindu  

The decision of Karnataka Governor Thaawarchand Gehlot to grant approval to a private complainant to open an investigation and prosecute Chief Minister Siddaramaiah on corruption charges raises familiar politico-legal questions. Foremost is the constitutional question whether a Governor can use his role as a sanctioning authority for prosecution against a serving Chief Minister in a manner contrary to the advice …

Siddaramaiah Files Writ Petition in Karnataka HC Seeking Quash of Governor’s Grant of Prosecution Against Him
7 months, 1 week ago

Siddaramaiah Files Writ Petition in Karnataka HC Seeking Quash of Governor’s Grant of Prosecution Against Him

Deccan Chronicle  

Bengaluru: As stated by him to challenge Governor’s decision over grant sanction for prosecution, Chief Minister Siddaramaiah on Monday filed a writ petition in the High Court of Karnataka seeking to quash amongst other reliefs in the grant of sanction for his prosecution accorded by Governor Thaawarchand Gehlot on August 16 this year under Section 17A of Prevention of Corruption …

Karnataka CM Siddaramaiah Denounces Governor’s Prosecution Sanction
7 months, 1 week ago

Karnataka CM Siddaramaiah Denounces Governor’s Prosecution Sanction

Deccan Chronicle  

Bengaluru: While ruling out his resignation, Chief Minister Siddaramaiah on Saturday questioned the morality of Bharatiya Janata Party leaders in seeking his resignation over grant of prosecution by Governor Thaawarchand Gehlot under Prevention of Corruption Act and also under section 218 of the Bharathiya Nagarika Suraksha Samhitha, 2023. He termed the sanction given by the Governor as “illegal” and accused …

Karnataka CM Siddaramaiah rules out resignation over Governor’s sanction for prosecution in MUDA ‘scam’
7 months, 1 week ago

Karnataka CM Siddaramaiah rules out resignation over Governor’s sanction for prosecution in MUDA ‘scam’

The Hindu  

Hours after Governor Thaawarchand Gehlot sanctioned his prosecution in the alleged irregularities in allotment of sites by the Mysuru Urban Development Authority, Karnataka Chief Minister Siddaramaiah termed the decision as ‘unconstitutional and against the law. In his first reaction after the Governor’s decision on August 17, Mr Siddaramaiah said he had not committed any mistake to warrant his resignation. The …

MUDA 'scam': Siddaramaiah terms Guv's prosecution sanction ‘anti-Constitutional’, says ‘entire Cabinet with me’
7 months, 1 week ago

MUDA 'scam': Siddaramaiah terms Guv's prosecution sanction ‘anti-Constitutional’, says ‘entire Cabinet with me’

Hindustan Times  

Karnataka chief minister Siddaramaiah on Saturday labelled Governor Thaawarchand Gehlot's decision to grant sanction for his prosecution in connection with the alleged Mysuru Urban Development Authority site allotment scam as “anti-Constitutional”, saying it will be questioned in the court. Karnataka Chief Minister Siddaramaiah Siddaramaiah asserted the Governor's decision was not only contrary to the Constitution but also against the law. …

MUDA scam: Karnataka Governor sanctions prosecution of CM Siddaramaiah
7 months, 1 week ago

MUDA scam: Karnataka Governor sanctions prosecution of CM Siddaramaiah

The Hindu  

Karnataka Governor Thaawarchand Gehlot on Saturday sanctioned the prosecution of Chief Minister Siddaramaiah in a case of alleged corruption in the allotment of land to his wife by the Mysuru Urban Development Authority, saying that a “neutral, objective and non-partisan investigation should be conducted”. A six-page communication to Chief Secretary Shalini Rajneesh by the Governor’s Secretariat on Saturday said that …

Governor sanctions graft prosecution against Sidda's wife
7 months, 1 week ago

Governor sanctions graft prosecution against Sidda's wife

Deccan Chronicle  

BENGALURU: Governor Thawar Chand Gehlot on Saturday sanctioned prosecution for the prosecution of Chief Minister Siddaramaiah over the alleged illegal plot allotments made to the latter’s wife in the Mysore Urban Development Authority. “I’m prima facie satisfied,” the Governor said, as he accorded the probe under Section 17 of the Prevention of Corruption Act, 1988 and Section 218 of the …

'Unconstitutional, Attempt To Destabilise Our Govt,' Says Siddaramaiah As Governor Gives Nod To Prosecute Him In MUDA 'Scam'
7 months, 1 week ago

'Unconstitutional, Attempt To Destabilise Our Govt,' Says Siddaramaiah As Governor Gives Nod To Prosecute Him In MUDA 'Scam'

News 18  

Karnataka chief minister Siddaramaiah on Saturday reacted to Governor’s prosecution sanction order against him over allegations in connection with the Mysuru Urban Development Authority site allotment ‘scam’. #WATCH | On Karnataka Governor granting permission to prosecute him in the alleged MUDA scam, CM Siddaramaiah says, “The entire Cabinet, party high command, all MLAs, MLCs, Lok Sabha and Rajya Sabha MPs …

Karnataka Minister criticises Governor over prosecution sanction against CM Siddaramaiah
7 months, 1 week ago

Karnataka Minister criticises Governor over prosecution sanction against CM Siddaramaiah

New Indian Express  

MANGALURE: Karnataka Health and Family Welfare Minister Dinesh Gundu Rao has criticized Governor Thawar Chand Gehlot for granting prosecution sanction against Chief Minister Siddaramaiah in the alleged MUDA scam. Rao accused the governor of "stooping low" and claimed that this action is part of a larger BJP strategy to destabilize elected governments in the country. Rao contended that Siddaramaiah has …

Eyes on Governor’s next move against Karnataka CM
7 months, 3 weeks ago

Eyes on Governor’s next move against Karnataka CM

New Indian Express  

BENGALURU: When Karnataka Governor Thaawarchand Gehlot returns to Raj Bhavan on Monday, after his five-day visit to the national capital, all eyes will be on his next course of action against Chief Minister Siddaramaiah, in connection with the alleged MUDA scam. The governor had issued show-cause notice to Siddaramaiah when social activist TJ Abraham petitioned him, seeking sanction to prosecute …

How Karnataka Council of Ministers made a case for not granting sanction for prosecution
7 months, 4 weeks ago

How Karnataka Council of Ministers made a case for not granting sanction for prosecution

The Hindu  

The resolution passed by the Karnataka’s Council of Ministers on Thursday — advising Governor Taawarchand Gehlot to withdraw the show-cause notice issued to Chief Minister Siddaramaiah asking him why sanction for prosecution against him should not be given in the alleged irregularities in the distribution of sites by the Mysuru Urban Development Authority — says that the Governor has failed …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
8 months ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

No nod from Tamil Nadu governor to prosecute state BJP chief: Raj Bhavan
10 months, 2 weeks ago

No nod from Tamil Nadu governor to prosecute state BJP chief: Raj Bhavan

New Indian Express  

CHENNAI: In the wake of news reports that the government had issued an order according to sanction to prosecute state BJP president K Annamalai for an alleged speech promoting disharmony, Raj Bhavan issued a clarification on Monday saying that it is not aware of the criminal case against Annamalai and it had not issued any sanction order. The clarification came …

Chandrababu Naidu Case : Why Supreme Court Judges Differed On Retrospective Application Of Section 17A Prevention Of Corruption Act?
1 year, 2 months ago

Chandrababu Naidu Case : Why Supreme Court Judges Differed On Retrospective Application Of Section 17A Prevention Of Corruption Act?

Live Law  

In the petition filed by former Andhra Pradesh Chief Minister Chandrababu Naidu, the Supreme Court has delivered a split verdict on the retrospective application of Section 17A of the Prevention of Corruption Act, 1988 to offences which existed before the 2018 amendment, which inserted Section 17A. Section 17A was introduced by an amendment with effect from July 26, 2018, and …

Prevention of Corruption Act | Sanctioning Authority's Competence, Application Of Mind Can Be Examined Only During Trial: J&K High Court
1 year, 4 months ago

Prevention of Corruption Act | Sanctioning Authority's Competence, Application Of Mind Can Be Examined Only During Trial: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently clarified that the absence of sanction to prosecute a public officer can be challenged at the beginning of a case, but challenges related to the competence of the sanctioning authority and the application of mind can only be raised during the trial. The petitioner further argued that once the sanction …

More than 118 cases of corruption await prosecution sanction
1 year, 5 months ago

More than 118 cases of corruption await prosecution sanction

The Hindu  

There are six cases involving Indian Administrative Service officers among over 118 cases of corruption involving public servants that await prosecution sanction from the Central and State governments, according to the Department of Personnel and Training data. A Central Bureau of Investigation plea seeking clearance to prosecute BJP member Maneka Gandhi in an alleged corruption case dating back to 2001 …

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
2 years, 1 month ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
2 years, 1 month ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

Supreme Court On Corruption (2022)
2 years, 2 months ago

Supreme Court On Corruption (2022)

Live Law  

Prevention of Corruption Act, 1988 - Constitution Bench answers reference on whether circumstantial evidence can be used to prove demand of illegal gratification- In the absence of evidence of the complainant it is permissible to draw an inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13 read with Section 13 of the Act based on …

Anti-graft law: After Khemka, Sanjeev Verma booked under PC Act without prior approval
2 years, 2 months ago

Anti-graft law: After Khemka, Sanjeev Verma booked under PC Act without prior approval

Hindustan Times  

In contravention of the law, the Haryana Police have belatedly invoked provisions of the Prevention of Corruption Act in an April 2022 caseregistered against Haryana IAS officer Sanjeev Verma in Panchkula, without seeking prior approval of the state government. Anti-graft law: After Khemka, Sanjeev Verma booked under PC Act without prior approval Initially, Verma was booked under provisions of the …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 5 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Got sanction to prosecute NCP's Anil Deshmukh in corruption case: CBI tells court
2 years, 6 months ago

Got sanction to prosecute NCP's Anil Deshmukh in corruption case: CBI tells court

India Today  

The Central Bureau of Investigation on Thursday told a special court in Mumbai that it has obtained the sanction from the Maharashtra government to prosecute Anil Deshmukh in a corruption case. The agency has filed an application before the trial court of Special CBI Judge SH Gwalani seeking leave to submit the sanction for prosecution. Deshmukh, former state home minister …

Whether Prevention Of Corruption Act Can Be Invoked Against A Private Person Alone Requires Consideration: Rajasthan High Court Grants Bail To CA
2 years, 9 months ago

Whether Prevention Of Corruption Act Can Be Invoked Against A Private Person Alone Requires Consideration: Rajasthan High Court Grants Bail To CA

Live Law  

The Rajasthan High Court has said that whether or not the provisions of Prevention of Corruption Act can be invoked against a private person is a question that requires consideration.Observing thus, it granted bail to a Chartered Accountant, who it held is not a public servant, booked under the Act after recovery of Rs. The Rajasthan High Court has said …

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court
3 years, 3 months ago

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court

Live Law  

The Karnataka High Court has held that an investigating agency cannot be construed as a person aggrieved of an order passed by the State refusing to grant sanction to prosecute, a government servant in this case. It observed, "In my considered view, no fault can be found with the exercise of discretion of the competent authority in looking into the …

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea
4 years, 2 months ago

"Whether Prosecution Sanction Required Even If Accused Was Not Holding The Office At The Time Of Taking Cognizance": Supreme Court Issues Notice In HD Kumaraswamy's Plea

Live Law  

The Supreme court has issued notice in a Special Leave Petition filed by HD Kumaraswamy limited to the question as to whether without sanction the Special Judge could have taken cognizance of a complaint under Prevention of Corruption Act.Challenging the Karnataka High Court judgment which dismissed his petition filed under Section 482 of the Code of Criminal Procedure, the JD …

Karnataka High Court Asks State Govt To Place On Record Procedure To Appoint Prosecutors In MP/MLA Courts
4 years, 4 months ago

Karnataka High Court Asks State Govt To Place On Record Procedure To Appoint Prosecutors In MP/MLA Courts

Live Law  

The Karnataka High Court has directed the State government to place on record the procedure followed by it for making choice of the public prosecutors who would be appearing before the special court constituted to try criminal cases against Member of Parliament and Member of Legislative Assembly. A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi …

Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [Read Judgment]
4 years, 9 months ago

Power U/s 482 CrPC Can Be Exercised To Quash Criminal Proceedings Which Are Ex Facie Bad For Want Of Sanction: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the power under Section 482 of Code of Criminal Procedure can be exercised to quash criminal proceedings which are ex facie bad for want of sanction, frivolous or in abuse of process of court. If, on the face of the complaint, the act alleged appears to have a reasonable relationship with official duty, where …

[17A PC Act] Before Initiating Any Inquiry/Investigation Against A Public Servant, Prior Sanction Of Govt. Mandatory: Rajasthan HC [Read Judgment]
4 years, 11 months ago

[17A PC Act] Before Initiating Any Inquiry/Investigation Against A Public Servant, Prior Sanction Of Govt. Mandatory: Rajasthan HC [Read Judgment]

Live Law  

Rajasthan High Court on Tuesday held that where investigation based on a private complaint for corruption cannot be conducted against public servants for want of "sanction to prosecute" from the government, the complaint cannot stand against private individuals also. As the public servants cannot be prosecuted in this mater, registration of the FIR by the Anti Corruption Bureau against the …

Government sanction not needed for charge sheet in JNU sedition case: DCP to court
5 years, 11 months ago

Government sanction not needed for charge sheet in JNU sedition case: DCP to court

Hindustan Times  

“Sanction is an administrative act and a charge sheet can be filed without a sanction,” the Delhi Police told a city court on Saturday during a hearing of the 2016 sedition case in which the former Jawaharlal Nehru University students’ union president Kanhaiya Kumar and nine others were accused of shouting anti-national slogans on the varsity’s campus. Government sanction not …

Inspectors Of Police, Anti-Corruption Bureau Can Investigate Offences Under PC Act: Karnataka HC [Read Judgment]
8 years ago

Inspectors Of Police, Anti-Corruption Bureau Can Investigate Offences Under PC Act: Karnataka HC [Read Judgment]

Live Law  

The Karnataka High Court has held that inspectors of police and Anti- Corruption Bureau have lawful authority to register FIRs and undertake investigation for offences under the Prevention of Corruption Act, 1988.Justice John Michael Cunha observed that as officers in-charge of police stations, the inspectors of police and Anti-Corruption Bureau have lawful authority to register the FIRs. The Karnataka High …

Karnataka Governor gives sanction to prosecute former Lokayukta Bhaskar Rao
8 years, 8 months ago

Karnataka Governor gives sanction to prosecute former Lokayukta Bhaskar Rao

Deccan Chronicle  

Bengaluru: In an unprecedented move Governor Vajubhai Vala has sanctioned permission to the Special Investigation Team to prosecute the former Lokayukta Justice Bhaskar Rao for allegedly abetting the multi-crore corruption racket in the Lokayukta, under Sec 197 of the CrPC in the FIR 56/2015. The Governor’s sanction will pave way for the SIT to chargesheet the former Lokayukta under Sec …

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC
9 years, 1 month ago

Sanction to prosecute Public Servant, not required at pre cognizance stage ; Supreme Court Jt in Anil Kumar v. Aiyappa is per incuriam : Kerala HC

Live Law  

https://twitter.com/pbhushan1/status/694150040869154817Kerala High Court in Maneesh E. Vs State of Kerala has apparently taken a contrary view about issue whether sanction needs to be obtained before forwarding a complaint against Public servant for investigation or not, from that taken by another Single Bench in the case against Kerala CM.In Oommen Chandy’s case,. https://twitter.com/pbhushan1/status/694150040869154817 Kerala High Court in Maneesh E. Vs State …

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law
9 years, 5 months ago

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law

Live Law  

THE FACTS LEADING TO THE ACQUITTALThe case which came up for consideration before the Hon’ble High Court of Kerala, was an appeal against the conviction entered and sentence passed against the appellant by the Enquiry Commissioner and Special Judge, Thrissur for offences under Section 13 read. Accepting the arguments of the accused/appellant the learned Judge, as far as I could …

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law
9 years, 5 months ago

Sanction for Prosecution ; In my view, George Vs. State of Kerala – 2015(3) KLT 219 does not lay down the correct law

Live Law  

THE FACTS LEADING TO THE ACQUITTALThe case which came up for consideration before the Hon’ble High Court of Kerala, was an appeal against the conviction entered and sentence passed against the appellant by the Enquiry Commissioner and Special Judge, Thrissur for offences under Section 13 read. Accepting the arguments of the accused/appellant the learned Judge, as far as I could …

Entire company to face criminal charges if its employees offer bribe | IndiaTV News
10 years, 1 month ago

Entire company to face criminal charges if its employees offer bribe | IndiaTV News

India TV News  

New Delhi: The Law Commission of India headed by former Chief Justice of Delhi High Court A. P. Shah has questioned the upcoming Anti-corruption bill as it could potentially make the entire board of directors of a company vulnerable to criminal charges if their employees are found bribing a public servant to obtain or retain business. A report published in …

Breaking; S.19 of Prevention of Corruption Act cannot be declared Unconstitutional, but Parliament must consider restructuring Section 19 of the PC Act to make mandatory disposal of Sanction...
10 years, 7 months ago

Breaking; S.19 of Prevention of Corruption Act cannot be declared Unconstitutional, but Parliament must consider restructuring Section 19 of the PC Act to make mandatory disposal of Sanction...

Live Law  

A two Judge Bench of the Supreme Court today dismissed a Public Interest Litigation, seeking direction to declare Section 19 of the Prevention of Corruption Act, 1988 unconstitutional and to direct prosecution of all cases registered and investigated under the provisions of PC Act against the politicians, M.L.As, M.Ps and Government officials, without sanction as required. A two Judge Bench …

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