HABIBULLA KHAN vs STATE OF ORISSA

The Supreme Court addressed the requirement of sanction for prosecuting public servants under the Orissa Special Courts Act, 1990 and the Prevention of Corruption Act, 1988. It held that under Section 5(1) of the Special Courts Act, the State Government must declare prima facie evidence of criminal misconduct for prosecution to proceed. The Court clarified that former Ministers, now MLAs, are still subject to prosecution for offences under Section 13(1)(e) of the Act without needing prior sanction, as their status as public servants at the time of alleged misconduct is relevant. The appeals were dismissed, affirming the validity of the prosecutions initiated against the appellants.