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november 2011

Supreme Court of India · 2011-11-22

DINESH KUMAR vs CHAIRMAN.AIRPORT AUTH.OF INDIA

Citation / case number
SC 2010/39008
Court
Supreme Court of India
Petitioner
DINESH KUMAR
Respondent
CHAIRMAN.AIRPORT AUTH.OF INDIA
Author
R.M. LODHA
Bench
H.L. GOKHALE R.M. LODHA

Judgment text excerpt

The Supreme Court addressed the challenge to the sanction order for prosecution under Section 13(2) read with Sections 13(1)(d) and 13(1)(a) of the Prevention of Corruption Act, 1988. The Court held that the validity of the sanction order can only be contested during the trial, emphasizing that the sanction is a critical safeguard against frivolous prosecutions. The Court upheld the Division Bench's decision to dismiss the appellant's plea, affirming that the merits of the sanction order should be evaluated in the trial court.

DINESH KUMAR vs CHAIRMAN.AIRPORT AUTH.OF INDIA · Niyam