Judgment

SABYASACHI MUKHARJI, J. :- (for himself, G. L. Oza and S. Natarajan JJ. Majority view):- The main question involved in this appeal, is whether the directions given by this Court on 16th Feb. 1984, as reported in R.S. Nayak v. A.R. Antulay, (1984) 2 SCR 495 at p. 557 were legally proper. The next question, is whether the action and the trial proceedings pursuant to those directions, are legal and valid. Lastly, the third consequential question is, can those directions be recalled or set aside or annulled in these proceedings in the manner sought for by the appellant. In order to answer those questions certain facts have to be borne in mind.

2. The appellant became the Chief Minister of Maharashtra on or about 9th of June, 1980. On 1st of Sept, 1981, respondent No. 1 who is a member of the Bhartiya Janata Party applied to the Governor of the State under S. 197 of the Criminal Procedure Code, 1973 (hereinafter referred to as the Code) and S. 6 of the Prevention-of Corruption Act, 1947 (hereinafter referred to as the Act) for sanction to prosecute the appellant. On 11th, of Sept. 1981, respondent No. 1 filed a complaint before the Additional Metropolitan Magistrate, Bombay again