Supreme Court of India · 2006-12-06
PARKASH SINGH BADAL vs STATE OF PUNJAB .
- Citation / case number
- SC 2004/20223
- Court
- Supreme Court of India
- Petitioner
- PARKASH SINGH BADAL
- Respondent
- STATE OF PUNJAB .
- Author
- S.H. KAPADIA ARIJIT PASAYAT
- Bench
- S.H. KAPADIA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court addressed appeals challenging the Punjab and Haryana High Court's dismissal of petitions questioning proceedings under the Prevention of Corruption Act, 1988 and the Indian Penal Code, 1860. The Court held that the lack of sanction under Section 197 of the Code of Criminal Procedure, 1973 is crucial, especially when allegations are vague and lack details. The Court distinguished the applicability of the Constitution Bench decision in R.S. Nayak v A.R. Antulay, emphasizing that the provisions of the old Act do not directly apply to the current Act, thus impacting the requirement for sanction.