Case Note & Summary
The case involved an appeal by the State of Himachal Pradesh regarding the sanction to prosecute Nishant Sareen, a Drug Inspector, under the Prevention of Corruption Act, 1988. The respondent was accused of demanding a bribe from a hospital owner, leading to his arrest after a trap was laid. Initially, the Principal Secretary (Health) refused sanction for prosecution, citing lack of justification and potential frivolity of the complaint. However, after further consideration, the same authority granted sanction based on the belief that sufficient evidence existed against the respondent. The Supreme Court examined the extent of the Government's power to review its sanction decisions. It noted that while the Government exercises statutory power in granting or refusing sanction, such power is not unbridled and cannot be exercised again on the same materials. The court emphasized that a change of opinion on the same evidence does not justify a review. In this case, the court found no fresh materials were presented to warrant reconsideration of the earlier refusal of sanction. Consequently, the appeal was dismissed, affirming that the sanctioning authority's decision to change its opinion based on the same materials was impermissible.
Headnote
A) Criminal Law - Sanction for Prosecution - Review Power - Prevention of Corruption Act, 1988, Section 19 - The court held that once the statutory power under Section 19 has been exercised, it is not permissible for the sanctioning authority to review or reconsider the matter on the same materials again, as this could lead to an endless cycle of changing opinions without finality (Paras 12-13).
Issue of Consideration
Whether the Government has the power to review its order granting or refusing sanction to prosecute a public servant under Section 19 of the Prevention of Corruption Act, 1988.
Final Decision
The Supreme Court dismissed the appeal, holding that the sanctioning authority could not review its earlier decision based on the same materials.
Law Points
- Sanction for prosecution
- Review of sanction
- Public servant protection
- Application of mind
- Fresh materials requirement
