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Showing contexts for: SUBRAMANIAN SWAMY in Parvesh Jain vs Cbi (State) on 27 February, 2017Matching Fragments
14. The Hon'ble Apex Court in the case of Subramanian Swamy v. Manmohan Singh and another (2012) 3 SCC 64 has extensively gone through the question of grant of sanction as provided under Section 19 of the P.C. Act. In this case, it was observed as under :
"In my view, Parliament should consider the constitutional imperative of Article 14 enshrining the Rule of Law wherein "due process of law" has been read into by introducing a time-limit in Section 19 of the PC Act, 1988 for its working in a reasonable manner. Parliament may, in my opinion, consider the following guidelines:
(c) At the end of the extended period of time-
limit, if no decision is taken, sanction will be deemed to have been granted to the proposal for prosecution, and the prosecuting agency or the private complainant will proceed to file the charge- sheet/complaint in the court to commence prosecution within 15 days of the expiry of the aforementioned time-limit."
15. As per the guidelines framed in the case of Subramanian Swamy (supra), the proposal for sanction placed before the sanctioning authority must be decided within a period of three months of the receipt of the proposal and if the same is not possible, an extension of one month may be allowed. In the present case, as submitted by the learned counsel for CBI, the proposal for sanction had been sent to the authority concerned on 12.12.2016, meaning thereby the decision on the same was to be taken by the competent authority by the mid of March or by the mid of April if the extended period of one month was added.
16. In view of the above discussion, facts and circumstances, this Court is of the considered opinion that the trial court is required to wait for taking cognizance uptill the mid of April, 2017, as per the guidelines given by the Hon'ble Apex Court in the case of Sumramanian Swamy (supra) for deciding the proposal of sanction.
17. In view of the above discussion, this Court is not inclined to grant bail to the petitioner and the same is dismissed at this sage.
18. However, the petitioner would be at liberty to move a fresh application before the trial court keeping in view the observations made by the Hon'ble Apex Court as quoted above in the case of Subramanian Swamy (supra).