ABHAY SINGH CHAUTALA versus C.B.I

ABHAY SINGH CHAUTALA versus C.B.I

Where a public servant is alleged to have abused an office different from the one held at the time of cognizance, no sanction under Section 19 of Prevention of Corruption Act is required. The law as settled in A.R. Antulay and Prakash Singh Badal is affirmed and does not require reconsideration.

Parties
Appellant: Abhay Singh Chautala; Respondent: C.B.I.
Jurisdiction
India
Judgment Date
04 July 2011
Procedural Posture
Criminal Appeal / Supreme Court Final Judgment
Outcome
Appeals dismissed
Legal Topics
Prevention of Corruption Act, Sanction for Prosecution, Interpretation of Statute
Criminal Law Anti Corruption Law Prevention of Corruption Act Sanction for Prosecution Interpretation of Statute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Abhay Singh Chautala

Appellant

C.B.I.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether previous sanction under Section 19 of Prevention of Corruption Act is necessary when the accused has abused a different office than the one held on date of cognizance.
  2. 2 Whether the judgments in A.R. Antulay and Prakash Singh Badal require reconsideration.

Ratio Decidendi

Where a public servant is alleged to have abused an office different from the one held at the time of cognizance, no sanction under Section 19 of Prevention of Corruption Act is required. The law as settled in A.R. Antulay and Prakash Singh Badal is affirmed and does not require reconsideration.

Court Disposition

Appeals dismissed

Orders

  • No necessity of sanction under Section 19 for prosecution when accused holds different office than the one allegedly abused at cognizance.
  • High Court decision upheld.