sanction being an important facet of the
criminal prosecution under UAPA.
SANCTION FOR PROSECUTION UNDER SECTION 45 [1] OF UAP
ACT.
25. Legality of sanction ... against whom sanction has been accorded. It is criticized that the
sanction order is nothing but a reproduction of the draft sanction
order provided
sanction being an important facet of the
criminal prosecution under UAPA.
SANCTION FOR PROSECUTION UNDER SECTION 45 [1] OF UAP
ACT.
25. Legality of sanction ... against whom sanction has been accorded. It is criticized that the
sanction order is nothing but a reproduction of the draft sanction
order provided
that the
relevant material was put to the Sanctioning Authority for obtaining
sanction, instead of sanction being sought solely on the thrust of the
observations ... direction for grant of sanction
was made to the Sanctioning Authority by the learned Special Judge,
the possibility of the Sanctioning Authority being unduly weighed
issuing the sanction and if it is the
basis for the sanctioning authority to satisfy himself for according the
sanction, said final report would have ... produced before the sanctioning authority, while according the
sanction.
39. Another ground upon which the accused has disputed the
validity of sanction is that
sanction for prosecution of the
respondent. The Finance Minister accorded sanction vide order dated
2.11.2002 and as a consequence thereof, the sanction order was issued ... placed before the sanctioning authority and if it is further
discernible from the recital of the sanction order that the
sanctioning authority perused
which affords protection to govt. servant
against frivolous prosecutions. The validity of sanction
ultimately depends upon the entire material, relevant facts
and evidence placed before ... competent authority according sanction."
Judicial View on first Prosecution Sanction
21. The above mentioned applications moved on 06.03.2010
challenging the validity of sanction
findings recorded
by the Special Court with regard to the validity of sanction,
ignoring the bar contained in sub-section (3) read with sub-
section ... sanction of an authority competent
to grant such sanction in terms of clauses (a), (b) and (c) to
Section 19(1) . The question regarding validity
considered by the sanctioning
authority. Consideration implies application of mind. The
order of sanction must ex facie disclose that the
sanctioning authority had considered ... placed before the sanctioning authority and if it is further
discernible from the recital of the sanction order that the
sanctioning authority perused
expeditiously decide the application of
discharge including the issue of validity of the sanction order
dated 21.06.2002 pending before it. The order dated 21.01.2003
read ... observed that the present petition inter alia
challenges the validity of the sanction granted by the
competent authority for the prosecution of the
petitioner
sanctioning
authority and the sanctioning authority had not
scrutinized them nor did he apply his mind before
granting sanction and therefore the sanction order
being ... sanction file before the Court, the sanctioning authority
had no material before it for grant of sanction and he
signed the draft proforma of sanction
