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2006 Supreme(SC) 1245

ARIJIT PASAYAT, S.H.KAPADIA
Parkash Singh Badal – Appellant
Versus
State Of Punjab – Respondent


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JUDGMENT

Dr. Arijit Pasayat, J. - Leave granted.

2. In each of these appeals challenge is to the judgment of the Punjab and Haryana High Court dismissing the petition filed by the appellant in each case questioning the validity of proceedings initiated under the Prevention of Corruption Act, 1988 (in short the ‘Act’) and/or the Indian Penal Code, 1860 (in short the ‘IPC’). In the latter category of cases the question raised is either lack of sanction in terms of Section 197 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) or the legality thereof.

3. It is the stand of the appellant in each case that the proceedings were initiated on the basis of complaints which were lodged mala fide and as an act of political vendetta. It is stated that allegations are vague, lack in details and even if accepted at the face value, did not show the commission of any offence. It is stated that though the High Court primarily relied on a Constitution Bench decision of this Court in R.S. Nayak v A.R. Antulay (1984 (2) SCC 183), the said decision was rendered in the context of the Prevention of Corruption Act, 1947 (in short the ‘Old Act’). It is submitted that the provisions contained in Se








































































































































































































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