Excelsior Correspondent
JAMMU, May 16: In the much publicized Disprop-ortionate Assets case against former Minister, Jagjeevan Lal, in which Vigilance Organization presented challan after 23 years, Special Judge Anticorruption Jammu, Puneet Gupta today refused to take cognizance of the matter as envisaged under Section 6 of Prevention of Corruption Act in view of the fact that sanction has not been granted by the competent authority.
Senior Advocate SS Lehar appearing for the ex-Minister, during the course of argument, raised point that sanction granted in the case against Jagjeevan Lal was not valid as the Speaker, Legislative Assembly, was not competent to grant sanction for prosecution of Minister.
Considering the arguments of Senior Advocate SS Lehar, Special Judge Anticorruption observed, “in view of the clear provisions of the law, court is of the view that sanction has not been granted by the competent authority as far as present case is concerned. The provisions of Clause (c) of Section 6 of Prevention of Corruption Act are not complied with as the sanction from competent authority has not been obtained in terms of the provision”.
“The prosecution is at liberty to present the challan after obtaining the sanction from competent authority. It is made clear that Court has not made any observation that the sanction from the Speaker, if it is also required, is in conformity with the provisions of law”, the Special Judge Anticorruption said, adding “prosecution can obtain the challan from the court in case it is required in order to secure sanction from the concerned competent authority”.
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