Could Naib Saini govt dare to accord sanction for prosecution under PC ,Act against Rajiv Arora blue eyed boy of Union Minister,Manohar Lal?

Gustakhi Maaf Haryana- Pawan Kumar Bansal

Extracts from the judgement of Justice Manjari Nehru Kaul of Punjab and Haryana High Court.In case of Rajiv Arora Versus CBI.Competent Authority is empowered to grant sanction under Prevention of Corruption Act .Special Court CBI Panchkula Judge has not issued any order to competent authority for grant of sanction and it has directed the CBI to submit the relevant material gathered during the investigation to the appropriate sanctioning authority for its consideration in accordance with Section 19 of the PC Act .

Counsel for Rajiv Arora has pleaded that Special CBI court Panchkula has issued a directive to the competent authority mandating the grant of sanction under the PC Act .

The judgement said that this is wholly misconceived and untenable.The Special Court did not issue any binding of peremptory command to the competent authority to accord sanction.The direction neither curtails the discretion of the competent authority nor fetters its decision making process.

The authority remains free to grant or withhold sanction upon an independent evaluation of the material placed before it.The mere act of forwarding such material cannot by any standard be construed as a judicial mandate to accord prosecution sanction. Accordingly ,the reliance placed by the petitioner on judicial precedents is misplayed and inapplicable to the facts of the present case .