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july 2009

Supreme Court of India · 2009-07-31

STATE OF PUNJAB vs MOHAMMED IQBAL BHATTI

Citation / case number
SC 2006/20389
Court
Supreme Court of India
Petitioner
STATE OF PUNJAB
Respondent
MOHAMMED IQBAL BHATTI
Author
S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the issue of whether the State has the power to review its earlier order of sanction under Section 197 of the Code of Criminal Procedure, 1973. The Court held that while the State exercises statutory jurisdiction in granting or refusing sanction, it is not precluded from reviewing its decision, as such power is administrative in nature. The Court clarified that an order of sanction must reflect serious application of mind by the authority, and the legality of such an order is subject to judicial review by higher courts.

STATE OF PUNJAB vs MOHAMMED IQBAL BHATTI · Niyam