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.