Supreme Court of India · 2010-12-09
STATE OF H.P. vs NISHANT SAREEN
- Citation / case number
- SC 2009/25125
- Court
- Supreme Court of India
- Petitioner
- STATE OF H.P.
- Respondent
- NISHANT SAREEN
- Author
- R.M. Lodha
- Bench
- AFTAB ALAM,R.M. LODHA, , ,
Judgment text excerpt
The Supreme Court examined the extent of the government's power to review its order regarding sanction for prosecution under Section 19 of the Prevention of Corruption Act, 1988. The Court held that the competent authority can reconsider its decision to grant or refuse sanction based on new evidence or circumstances, as demonstrated in the case of Nishant Sareen, where initial refusal was overturned upon further examination of the evidence. The Court emphasized that the authority's discretion must be exercised judiciously and in accordance with the law.