STATE OF MAHARASHTRA versus RAMDAS SHRINIVAS NAYAK & ANR.

STATE OF MAHARASHTRA versus RAMDAS SHRINIVAS NAYAK & ANR.

If a party believes that a concession or a fact has been wrongly recorded in a judgment, only correction before the same judge is permissible; otherwise, the record stands conclusive. In this matter, sanction for prosecution of a Chief Minister under Section 6 of the Prevention of Corruption Act should be determined by the Governor acting in his own discretion, not on advice of Council of Ministers.

Parties
Petitioner: State of Maharashtra; Respondent: Ramdas Shrinivas Nayak; Respondent: Abdul Rehman Antulay
Jurisdiction
India
Judgment Date
28 July 1982
Procedural Posture
Petition for Special Leave to Appeal (crl) / Supreme Court Order Dismissing Special Leave Petition
Outcome
Petition dismissed
Legal Topics
Judicial Record Conclusiveness, Governor's Discretion for Sanction, Prevention of Corruption Act
Constitutional Law Criminal Law Judicial Record Conclusiveness Governor's Discretion for Sanction Prevention of Corruption Act

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Parties

State of Maharashtra

Petitioner

Ramdas Shrinivas Nayak

Respondent

Abdul Rehman Antulay

Respondent

Procedural Posture

Petition for Special Leave to Appeal (crl) / Supreme Court Order Dismissing Special Leave Petition

Legal Issues

  1. 1 Whether the Supreme Court can enquire into concessions made before High Court as recorded in the judgment
  2. 2 Whether the Governor should act in his discretion or with the aid and advice of the Council of Ministers under Section 6 of the Prevention of Corruption Act in granting sanction for prosecution

Ratio Decidendi

If a party believes that a concession or a fact has been wrongly recorded in a judgment, only correction before the same judge is permissible; otherwise, the record stands conclusive. In this matter, sanction for prosecution of a Chief Minister under Section 6 of the Prevention of Corruption Act should be determined by the Governor acting in his own discretion, not on advice of Council of Ministers.

Court Disposition

Petition dismissed

Orders

  • Application for grant of special leave is dismissed