5 years, 7 months ago

NGT Admits Plea Filed By HPCB Against Order Of Appellate Authority Refusing Prosecution Against Polluting Plastic Units [Read Order]

Principal Bench of National Green Tribunal has admitted an appeal filed by the Haryana Pollution Control Board, against an order of the Appellate authority which quashed the sanction for prosecution initiated by an officer against polluting industries in Haryana, on the grounds that it would amount to double jeopardy. A bench led by Justice Adarsh K Goel, prima facie held merit in the submission made by the board that "Finding fault with 'sanction of prosecution' which is an expression used in generic sense for initiating the process of prosecution as per law is uncalled for." However, the units raised an objection before the appellate authority stating that "The use of words "grant of permission to prosecute" was not proper, as against the use of the words "authorizing filing of prosecution". It was further observed that the principle of 'double jeopardy' will apply in initiating prosecution as the unit has been required to pay compensation also on 'Polluter Pays' principle.

Live Law
Prosecution Haryana Order Double Double Jeopardy Appellate
Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]
6 years, 5 months ago

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]

Live Law
Court
Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]
6 years, 5 months ago

Principles Of “Double Jeopardy” Will Not Apply When Accused Was Discharged Due To Lack Of Proper Sanction: SC [Read Judgment]

Live Law
Court

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