sec.19 of the P.C. Act, 1988 - Valid sanction means what?
A.Mohamed Thaheer
(Querist) 19 May 2009
This query is : Resolved
1) Will you please explain the true spirit and concept of section 19 of the Prevention of Corruption Act, 1988?
2) At what stage, legally valid sanction for prosecution has to be obtained in a criminal case connected to the official duties committed prior to his retirement from the Government service?
a) Prior to the commencement of the investigation, (OR)
b) At the time of investigation, (OR)
c) During the middle of investigation,OR
d) After the completion of investigation,
(OR)
e) After filing the final report/Charge
sheet filed under section 173 of
Cr.P.C.,
(OR)
f) After cognizance taken by the
competent Special Judge, (OR)
g) After preliminary examination of the
accused, (OR)
h) After charge sheet framed by the
competent judge, (OR)
i) During the commencement of the trial/
middle of the trial/at any stage
during the trial/before delivery of
the judgment.
2) If the sanction for prosecution
obtained nearly 11 months before the
commencement of the investigation is
valid?
3) If the competent Special Judge takes
cognizance of the offence relying upon
the sanction obtained prior to the
commencement of the investigation/in
middle of the investigation , whether
cognizance taken is valid or ab-initio
void?
4) Whether, the cognizance taken by the
District Judge for whom no powers are
delegated by the Govt. under the name
of personal designata is legally valid?
What is the legal remedy on the above
situation?
5) If the valid sanction is given for the
Judge for conducting cases under the
P.C.Act, after 6 months period of
taking cognizance of the offence,
whether the proceeding commenced is
legally valid.
Please give me your expertise opinion
point by point with clairity, citing
supreme court case laws for all my
questions in support of my questions.
Guest
(Expert) 23 February 2011
this fact has been discussed in this madras high court judgement.
I think this will help to some what extent.
http://www.lawyersclubindia.com/judiciary/Prevention-of-Corruption-Act-2137.asp
Gulshan Tanwar
(Expert) 26 February 2011
4. Para 62 WP (c)-15239/2004 - Supreme Court- Declared that the right to development in the developing country is itself a human right. The duty to enforce constitutional rights rests not only on the Supreme Court or the High Court in exercise of jurisdiction under Art.32 & 226 but would be the mandate of every Court and its essential judicial functions.
Gulshan Tanwar
(Expert) 26 February 2011
Read the whole WP and things will be cleared in totality as the WP deals exclusively with Jurisdiction matter
Swami Sadashiva Brahmendra Sar
(Expert) 20 May 2009
