1. Special leave petition challenging a High Court order — applicability of Sections 4, 5, and 6 of the Punjab Disturbed Areas Act, 1983 — sanction requirements. (Para 1 , 2 )
Back
Next 
2018 Supreme(SC) 1649
SUPREME COURT OF INDIA
(RECORD OF PROCEEDINGS)
ARUN MISHRA, NAVIN SINHA, JJ.
TARSEM LAL & ANR. – Petitioner(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ORS. – Respondent(s)
Petition(s) for Special Leave to Appeal (Crl.) No(s).4444/2018 (Arising out of impugned final judgment and order dated 20-12-2017 in CRR No.3939/2016 passed by the High Court Of Punjab & Haryana At Chandigarh)
Decided On : 02-07-2018
Important Points
The court's decision clarified that certain observations made in the judgment regarding the applicability of specific sections and sanction shall not be binding for future stages.
Subject
Civil Law - Administrative Law
Act Referred
Headnote
Sections 4, 5 and 6 of the Punjab Disturbed Areas Act, 1983 - Applicability
Fact of the Case:
The court declined to interfere with the impugned judgment/order passed by the High Court, resulting in the dismissal of the special leave petition.
Finding of the Court:
The court found that the observations made regarding the applicability of Sections 4, 5 and 6 of the Punjab Disturbed Areas Act, 1983, and any other observation made with respect to sanction, shall not be binding for the future stages.
Issues: The applicability of Sections 4, 5 and 6 of the Punjab Disturbed Areas Act, 1983 and observations related to sanction.
Ratio Decidendi: The court decided not to interfere with the impugned judgment/order passed by the High Court and clarified that certain observations shall not be binding for future stages.
Final Decision: The special leave petition stands dismissed, and any pending application shall stand disposed of.
Legal Category Hierarchy
Advocates Appeared:
For the Petitioner(s): Mr. Sudhir Walia, Adv. Ms. Niharika Ahluwalia, Adv. Mr. Abhishek Atrey, AOR
For the Petitioner(s): Mr. Sudhir Walia, Adv. Ms. Niharika Ahluwalia, Adv. Mr. Abhishek Atrey, AOR
Table of Contents
2. Court declined to interfere with the High Court order — observations regarding the Punjab Disturbed Areas Act and sanctions held non-binding for future stages. (Para 1 , 2 )
3. Observations regarding the applicability of statutory sections and sanctions may be declared non-binding for future stages of proceedings. (Para 2 )
4. Special leave petition dismissed — pending applications disposed of. (Para 1 )
5. Whether observations regarding the Punjab Disturbed Areas Act and sanctions are binding for future stages?
Observations determining the applicability of Sections 4, 5, and 6 of the Punjab Disturbed Areas Act, 1983, and observations regarding sanction are not binding for future stages. (Para 2 )
ORDER
1. We are not inclined to interfere with the impugned judgment/order passed by the High Court. Consequently, the special leave petition stands dismissed. Pending application, if any, shall stand disposed of.
2. However, any observation made, determining the applicability of Sections 4, 5 and 6 of the Punjab Disturbed Areas Act, 1983 and any other observation made with respect to sanction, shall not be binding for the future stages.
