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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K.JAYASANKARAN NAMBIAR, JOBIN SEBASTIAN
Vikraman – Appellant
Versus
Central Bureau of Investigation (CBI), Special Crime Branch, Represented By Superintendent of Police, CBI/SCB, Thiruvananthapuram – Respondent
ORDER :
A.K. Jayasankaran Nambiar, J.
As all these three cases involve a common issue, they are taken up together for consideration and disposed by this common order.
2. Crl.R.P.No.293 of 2023 is preferred against an order dated 21.03.2023 in S.C.No.343 of 2017 of the Additional Special Sessions Judge (SPE/CBI)–III), Ernakulam. By the said order, an application for discharge preferred by the petitioners under Section 227 of the Code of Criminal Procedure [hereinafter referred to as the “Cr.P.C”] was dismissed by the trial court. Crl.M.C.Nos.3117 and 3238 of 2023 impugn a common order dated 09.03.2023 in Crl.M.P.Nos.2978 and 2979 of 2022 in S.C.No.343 of 2017 before the Additional Special Sessions Judge (SPE/CBI)–III, Ernakulam. By the common order aforesaid, applications preferred by the petitioners under Section 91 of the Cr.P.C seeking production of files in connection with the sanction granted for prosecuting them for offences under the Unlawful Activities (Prevention) Act [hereinafter referred to as the “UAPA”] stood rejected by the trial court.
3. The brief facts necessary for disposal of these cases are as follows:
The petitioners are accused nos.1 to 25 in S.C.No.343 of 2017 on t
The court affirmed that the validity of sanction for prosecution under the UAPA can only be examined during trial, upholding the principle of jurisdictional authority of the Central Government in suc....
Timelines in Rules 3 & 4 under Section 45(2) of Unlawful Activities (Prevention) Act are mandatory; sanction beyond 7+7 working days invalid, cannot be added post-charge framing in penal proceedings.
The timing for raising issues regarding absence or vitiation of sanction is crucial, and a mere error, omission, or irregularity in sanction is not fatal unless it results in the failure of justice o....
A valid sanction for prosecution requires a thorough application of mind by the sanctioning authority; failure to meet this standard renders the sanction invalid.
The court emphasized that the validity of sanction for prosecution can be examined at any stage, including pre-trial, to ensure due process and prevent injustice.
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