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.