misuse of the
stringent provisions has direct nexus with amended Section 45 of the
UAPA which pertains to prior sanction. It is argued that Section ... Section 465 of the Code, cognizance taken by the Court in violation
of the mandatory provisions of Section 45(1) of the UAPA cannot
misuse of the
stringent provisions has direct nexus with amended Section 45 of the
UAPA which pertains to prior sanction. It is argued that Section ... Section 465 of the Code, cognizance taken by the Court in violation
of the mandatory provisions of Section 45(1) of the UAPA cannot
would indicate that the authority shall,
under sub section (2) of Section 45 of the UAPA make its report containing the
recommendations to the Central ... State Government) is obliged under sub section (2) of Section
45 of the UAPA to take a decision regarding sanction for prosecution within 7
working
exercise of its power conferred by sub-section
(2) of Section 45 of the UAPA read with Clause (b) of sub-
Rule 2 of Rules ... independent authority as envisaged under sub-section (2)
of Section 45 of UAPA and as such, the recommendation
made by the Director, Department of Prosecution
exercise of its power conferred by sub-section
(2) of Section 45 of the UAPA read with Clause (b) of sub-
Rule 2 of Rules ... independent authority as envisaged under sub-section (2)
of Section 45 of UAPA and as such, the recommendation
made by the Director, Department of Prosecution
time
of obtaining sanction under sub-section (1) of Section 45 of the
UAPA. In other words, the competent authority, Lt. Governor ... Sections 10 / 13 / 18 / 20 of UAPA was bad in
law as it was taken without any valid sanction as provided under
Section 45
Section 45 reveals that sub-section (1) deals
with the authority who can accord sanction for the offences committed
under the Act whereas sub-section ... time of
obtaining sanction under sub-section (1) of Section 45 of the UAPA. In
other words, the competent authority, Lt. Governor
Section 45 reveals that sub-section (1) deals
with the authority who can accord sanction for the offences committed
under the Act whereas sub-section ... time of
obtaining sanction under sub-section (1) of Section 45 of the UAPA. In
other words, the sanctioning authority i.e. Lt. Governor
impugned judgment, the appellants have advanced the
following contentions.
8.1 Section 45 of UAPA read with Rules 3 and 4 of the 2008 Rules ... letter
dated 12th May, 2017.
8.2 Clause (2) of Section 45 of the UAPA was violated as the
requirement of ‘independent review’ while according sanction
concerning the offences punishable under Sections 13 , 18 , 20 of the
UAPA, Sections 201 , 120-B of IPC and Sections ... required for taking cognizance. In view of
Section 196 of CrPC and Section 45 of the UAPA, the embargo is on
taking cognizance
