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2011 Supreme(SC) 589

T.S.THAKUR, V.S.SIRPURKAR
Abhay Singh Chautala – Appellant
Versus
C. B. I. – Respondent


JUDGMENT

V.S. Sirpurkar, J. —

1. This judgment will dispose of two Special Leave Petitions, they being SLP (Crl.) No. 7384 of 2010 and SLP (Crl.) No. 7428 of 2010. While Abhay Singh Chautala is the petitioner in the first Special Leave Petition, the second one has been filed by Shri Ajay Singh Chautala. The question involved is identical in both the SLPs and hence they are being disposed of by a common judgment.

2. Leave granted in both the Special Leave Petitions.

3. Whether the sanction under Section 19 of The Prevention of Corruption Act (hereinafter called “the Act” for short) was necessary against both the appellants and, therefore, whether the trial which is in progress against both of them, a valid trial, is common question. This question was raised before the Special Judge, CBI before whom the appellants are being tried for the offences under Sections 13(1) (e) and 13(2) of the Prevention of Corruption Act read with Section 109 of Indian Penal Code in separate trials.

4. Separate charge sheets were filed against both the appellants for the aforementioned offences by the CBI. It was alleged that both the accused while working as the Members of Legislative Assembly had accumu







































































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