Validity Of Sanction Order Can Also Be Raised In The Course Of Trial: Supreme Court

The Supreme Court observed that the validity of sanction order can also be raised in the course of trial.

In this case, the petitioner's contention before the Apex Court was that the Trial Court has taken cognizance of the offence without there being valid sanction as per the provision of Section 19 of the Prevention of Corruption Act, 1988. The petitioner had earlier approached the Uttarakhand High Court challenging the summoning order, contending that the same is void ab initio since having been issued without there being a prior sanction granted under Section 19 of the Prevention of Corruption Act. The High Court dismissed the said petition.

Taking note of the fact that, in this case, the cognizance has already been taken and trial is in progress, the bench of Justices S. Abdul Nazeer and Krishna Murari referred to the following observations made in Dinesh Kumar v. Chairman, Airport Authority of India  (2012) 1 SCC 532 :

"13. In our view, having regard to the facts of the present case, now since cognizance has already been taken against the appellant by the trial Judge, the High Court cannot be said to be have erred in leaving the question of validity of sanction open for consideration by the trial court and giving liberty to the appellant to raise the issue concerning validity of sanction order in the course of trial. Such course is in accord with the decision of this Court in Parkash Singh Badal vs. State of Punjab (2007) 1 SCC 1 and not unjustified."

Disposing of the special leave petition, the court clarified that it is open for the petitioner to raise the question of validity of sanction during the course of trial and the Trial Court is bound to consider the said question at an appropriate stage.

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