JUDGMENT

SAWANT, J :—Leave granted.

A common question of law, viz., whether sanction is required for launching a criminal prosecution against the appellants, has been raised in these appeals.

2. The Orissa Special Court Act, 1990 (hereinafter referred to as the "Special Courts Act") which came into force on 27th July,1992 after receiving the assent of the President, provides for constitution of special Courts of offences and for the confiscation of property involved in such offences. Section 2(d) of that Act defines "offence" to mean an offence of criminal misconduct within the meaning of clause (e) of sub-section(1) of Section 13 of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "Act"). Section 5(1) of the Special Courts Act, as amended by the Amendment Act of 1993 reads as follows;

"5(1). If the State Government is of the opinion that there is prima facie evidence of the commission of an offence alleged to have been committed by a person who held high public or political office in the State of Orissa, the State Government shall make a declaration to that effect in every case in which it is of the aforesaid opinion".

Rule 2(1)(f)(i) of the Orissa Special Court