JUDGMENT

S.N. Variava, J.-Leave granted.

2. These Appeals are against the Judgment of the Madhya Pradesh High Court dated 10th January, 2003.

3. Briefly stated the facts are as follows:

Respondents No.4 (in both these Appeals), i.e. Rajender Kumar Singh and Bisahu Ram Yadav, were Ministers in the Government of M.P. A Complaint was made to the Lokayukta against them for having released 7.5 acres of land illegally to its earlier owners even though the same had been acquired by the Indore Development Authority. After investigation the Lokayukta submitted a report holding that there were sufficient grounds for prosecuting the two Ministers under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1983 and also for the offences of criminal conspiracy punishable under Section 120-B of the Indian Penal Code. It must be mentioned that by the time the report was given the two Ministers had already resigned.

4. Sanction was applied for from the Council of Ministers for prosecuting the two Ministers. The Council of Ministers held that there was not an iota of material available against both the Ministers from which it could be inferred that they had entered into a crimina