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october 2016

Supreme Court of India · 2016-10-18

Vivek Batra vs U.O.I & Ors

Citation / case number
AIR 2016 SUPREME COURT 4770
Court
Supreme Court of India
Petitioner
Vivek Batra
Respondent
U.O.I & Ors
Author
Prafulla C. Pant
Bench
Prafulla C. Pant, Ranjan Gogoi

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of the appellant's writ petition challenging the sanction for prosecution under Section 13 of the Prevention of Corruption Act, 1988. The Court found that the sanction was validly granted after thorough consideration by the competent authority, including recommendations from the Central Vigilance Commission. The judgment clarified that the sufficiency of evidence for prosecution is to be determined in court, not at the sanction stage, thereby affirming the legal principle that administrative processes do not require conclusive evidence prior to sanctioning prosecution.

Vivek Batra vs U.O.I & Ors · Niyam