*The Governer is the nominee of the ruling party in centre. To think that he will take a completely impartial dicisions will be a stupidity. * ** *regards * *Rasheed * **
On Mon, Jun 8, 2009 at 1:40 PM, sunil kumar <[email protected]> wrote: > > > *Governor can sanction Minister's prosecution, says Supreme Court * > > By Our Legal Correspondent > > NEW DELHI, NOV. 5. The Supreme Court today held that the Governor of a > State could independently accord sanction for prosecution of a Minister in > prevention of corruption cases without the "aid and advice" of the Council > of Ministers. > > A five-judge Constitution Bench, headed by Justice N. Santosh Hegde, > observed that "if on facts and circumstances of a case, the Governor cannot > act in his own discretion there would be a complete breakdown of the rule of > law inasmuch as it would then be open for Governments to refuse sanction in > spite of overwhelming material showing that a *prima facie* case is made > out." > > The Bench that included Justice S.N. Variava, Justice B.P. Singh, Justice > H.K. Sema and Justice S.B. Sinha said: "If, in cases where [a] *prima > facie* case is clearly made out, sanction to prosecute high functionaries > is refused or withheld, democracy itself will be at stake. It would then > lead to a situation where people in power may break the law with impunity > safe in the knowledge that they will not be prosecuted as the requisite > sanction will not be granted." > > The Bench gave this ruling while upholding sanction for prosecution > accorded by the then Madhya Pradesh Governor against two former Ministers, > Rajender Kumar Singh and Hisahu Ram Yadav. A case under the Prevention of > Corruption Act was registered against them in March 1998 on the basis of a > report from the Lok Ayukta. > > Sanction sought from the Council of Ministers for prosecuting the two was > rejected. The Council of Ministers held that there was not an iota of > material available against them for proceeding with the case. The Governor > then considered the matter and opined that a *prima facie* case was made > out for granting sanction and gave it under Section 197 of the Criminal > Procedure Code. > > The two Ministers challenged the Governor's decision in the High Court and > both a single Judge and then a Division Bench quashed the Governor's order. > The special leave petition by the Madhya Pradesh Special Police > Establishment was directed against this judgment. > > ** > > © Copyright 2000 - 2009 The Hindu > > > > > --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
