9911796707
TMI Blog2000 (11) TMI 1253X X X X Extracts X X X X X X X X Extracts X X X X ..... entirety has been challenged as totally without jurisdiction, the Criminal Appeal No. 602/1997, however, is having a limited challenge and the main grievance pertains to certain directions. For convenience sake the Criminal Appeal No. 602/1997 is taken up first for hearing. 2. Mr.K.N. Rawal, the learned Additional Solicitor General of India contended that the directions contained at paragraph 26.1 at page 68-69 of the paperbook in particular the last few lines are not only unwarranted but wholly without jurisdiction. For convenience sake the same is set out hereinbelow:- ...In fact, after registering the offence, sanction must be obtained within one month or at the most within two months, and thereafter, the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t adaptation of procedure as above would not only denigrate the Judiciary itself but the confidence reposed by the people to the Judiciary would be shaken and resultantly a total anarchy in the judicial system. 4. Incidentally, it may be noticed that use of temperate language and tolerance are the two basic factors in any judicial approach and it is in this perspective Mr. Rawal contended that direction as noticed above to the trial court and use of strongest possible language as regards public prosecutors cannot but be said to be rather unfortunate. A generalized statement ought not to be made since restraint is the greatest virtue that one may expect from a Judge. 5. We do find some justification in Mr. Rawal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 of the Prevention of Corruption Act the same stands ultra vires and null and void. (2) Once the proposal to grant sanction under Section 19 of the Prevention of Corruption Act is forwarded by the investigating agency to competent authorities then to Bureau the same in passing appropriate order beyond the period of 2 months amounts to lack of devotion to duty and in absence of just and proper explanation, the concerned officer would be liable not only for departmental proceedings but also for the contempt of Court. (3) It is declared that once the sanction is duly accorded by the competent authority under Section 19 of the Act neither Vigilance Commission nor for the purpose any other Department of the State G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that corruption cases against some influential public servants ought not to be withdrawn at the instance of the Home Department without any basis whatsoever, but in our view in terms of the doctrine of forum convenience the High Court by itself cannot usurp the function in the manner as it has in the matter, rather forwarded the same to such of the institutions as are available in the country for such inquiries. This is a matter of propriety rather than convenience. In any event, time factor also has a definite role to play in the event the matter is to be considered by the High Court itself. Needless to record that the arrear issue is already very high in the agenda and if matters like the present one are taken up by the Court then and in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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