Saturday, Nov 06, 2004
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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.
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