Collector Cannot Cyclostyle Anti-Corruption Bureau's Draft To Sanction Prosecution, Must Apply Independent Mind: Rajasthan HC

The Rajasthan High Court ruled that the grant of prosecution sanction must involve the application of an independent mind by the sanctioning authority. The case involved a challenge to a prosecution sanction granted by the Collector, which was a verbatim copy of the draft provided by the Anti-Corruption Bureau (ACB). The court emphasized that the sanctioning authority must carefully review all relevant records and independently assess whether a prima facie case exists against the accused. The court found that the Collector had failed to apply his mind independently and had merely rubber-stamped the ACB’s draft. This decision reinforces the principle that prosecution sanctions are not mere formalities and must be granted with due diligence and consideration of all facts. The ruling aims to protect public servants from frivolous or politically motivated prosecutions and ensure that only genuine cases proceed to trial.