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september 2009

Supreme Court of India · 2009-09-11

State Th. Cbi vs Parmeshwaran Subramani & Anr

Citation / case number
AIR 2010 SUPREME COURT 584
Court
Supreme Court of India
Petitioner
State Th. Cbi
Respondent
Parmeshwaran Subramani & Anr
Author
B.Sudershan Reddy
Bench
B. Sudershan Reddy, R.V. Raveendran

Judgment text excerpt

The Supreme Court held that prior sanction under Section 19 of the Prevention of Corruption Act, 1988 is mandatory for prosecuting a public servant for offences under Section 12 of the Act. The Court affirmed the High Court's decision that the absence of such sanction necessitated the discharge of the accused. The ruling clarified the procedural requirement for prosecution under the Act, emphasizing the protection afforded to public servants against arbitrary prosecution without due process.

State Th. Cbi vs Parmeshwaran Subramani & Anr · Niyam