Prevention of Corruption Act: High Court Cannot Discharge Accused for Invalidity of Sanction, Supreme Court Reiterates

The Supreme Court clarified that under the Prevention of Corruption Act, questions about the validity or irregularity of sanction for prosecution cannot be grounds for discharging an accused at the pre-trial stage. In the case, the High Court had discharged a public servant on the basis that the sanction order was invalid. The Supreme Court overturned this, emphasizing that sanction is not a mere formality but relates to the competence and authority of the sanctioning authority. However, such issues are matters of evidence and should be tested during trial, not at the threshold stage of discharge. The Court reiterated that the sanction’s purpose is to prevent frivolous prosecution of public servants, but once sanction is granted, challenges to its validity can only be addressed during trial proceedings. This ruling strengthens the prosecutorial process by ensuring that corruption cases are not prematurely terminated on technical grounds and reaffirms the principle that the trial is the appropriate stage to examine the adequacy or legality of sanction orders.