Since Advocate General is elected by the people, to think he will take a partial decision is against the commonsense. But never had I thought a post-modern situation would prevail amidst the feudal factional struggle for Leninist Truth. What more eveidence needed for a the arrival of political relativism, in other words, Most-Modern!!
On Mon, Jun 8, 2009 at 7:11 PM, Abdul Rasheed <[email protected]> wrote: > > *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 -~----------~----~----~----~------~----~------~--~---
