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M. NAGAPRASANNA
SIDDARAMAIAH S/O SHRI SIDDARAME GOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. The petitioner is the Chief Minister of the State of Karnataka. He is knocking at the doors of this Court, calling in question a GUBERNATORIAL order, which grants permission or approval under Section 17A of the Prevention of Corruption Act, 1988 (‘the PC Act’ for short) and sanction under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘ BNSS ’ for short) against him.
2. Sans details, introductory facts, as borne out from the pleadings, are as follows:
The Governor can exercise discretion to grant prosecutorial sanction under Section 17A of the PC Act even against a Chief Minister if the Council of Ministers' advice appears biased.
It becomes imperative for authority to apply its mind to what is brought before it, as application of mind is bedrock of any order that an authority passes, failing which, it would be contrary to pri....
Point of law: Prevention of corruption – Good faith - Section 17A of the Prevention of Corruption Act cannot be made applicable in those cases where the act of the public servant that amounts to an o....
Corruption – Investigation - Inquiry is a formal investigation; investigation is a search. Therefore, the act casts an obligation of application of mind upon the authority to consider whether approva....
Section 17A PC Act inapplicable to disproportionate assets cases; previous approval only for offences linked to official recommendations/decisions. Competent authority cannot investigate merits or de....
The central legal point established in the judgment is the interpretation and application of Section 17A of the PC Act, 1988, which restricts the requirement of prior approval for initiating enquiry/....
Point of Law : Inherent power can be exercised to prevent abuse of process of any Court or otherwise to secure the ends of justice.
Proof of demand and acceptance of bribe is essential under the Prevention of Corruption Act; absence of such evidence warrants quashing of FIR.
Cognizance of offences against public servants requires prior government sanction under Sections 19 of the Prevention of Corruption Act and 197 of the Cr.P.C., even if the acts are alleged to be done....
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