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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Harold Nicholson S/o Alexander – Appellant
Versus
Registrar of Co-Operative Societies – Respondent
| Table of Content |
|---|
| 1. challenge to sanction under pc act (Para 3) |
| 2. arguments on property purchase in crz (Para 4 , 5 , 7 , 8) |
| 3. legal requirements for prosecution sanction (Para 10 , 13) |
| 4. sanction necessity for investments (Para 14 , 15 , 17) |
| 5. court's reasoning on the validity of ext.p5 (Para 16 , 18 , 19 , 20) |
JUDGMENT :
1. This Writ Petition (Crl.) has been filed challenging Ext,P5 order of sanction issued by the 1st respondent under Section 19 (1) of the Prevention of Corruption Act, 1988 as amended in 2018 (for short ‘the PC Act, 2018’ hereinafter), pursuant to a direction issued by the learned Special Judge, Muvattupuzha and after the verdict in W.P. (C).No.38626/2024, dated 04.11.2024 rendered by this Court and the review petition thereof, filed as R.P.No.1373/2024, dated 23.01.2025.
3. The prime point argued by the learned counsel for the writ petitioners is that the main allegation considered by the 1st respondent while issuing Ext.P5 sanction is the purchase of property by the Society in an area falling within the coastal regulation zone (CRZ). According to the learned counsel for the writ petitioners, mere purchase of property in CRZ itself is not an offence, even though the
Sanction for prosecuting public servants under the Prevention of Corruption Act requires independent application of mind, with prior written approval necessary for property investment by co-operative....
The court affirmed that a valid sanction for prosecution under the Prevention of Corruption Act requires the sanctioning authority to apply its mind to the facts of the case.
The challenge to the order of sanction on the ground of improper application of mind or non-consideration of relevant material is required to be raised during trial and established by leading evidenc....
Point of law : Section 19(3) of the PC Act indicates that it deals with three situations: (i) Sub-Clause (a) deals a situation where a final judgment and sentence has been delivered by the Special Ju....
Point of law: A sanction which names the person to be prosecuted and specifies the provision of the Order which he is alleged to have contravented is not a sufficient compliance of Cl. 23. In order t....
Illegal gratification - Previous sanction necessary for prosecution - Granted sanction for prosecution not maintainable - Section 19 of P.C. Act empowers sanctioning authority to protect innocent pub....
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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