Kerala High Court Mandates Reconsideration of Sanction Denial in Corruption Case

Court Directs University to Re-evaluate Sanction Request with Proper Application of Mind

In a significant decision, the Kerala High Court, under the judgment of Mr. A. Badharudeen, J., has directed the Sree Sankaracharya University of Sanskrit, Kalady, to reconsider its earlier decision to deny prosecution sanction in a corruption case involving Dr. Venugopalan Nair, the Head of the Department of Dance. The court's ruling emphasized the necessity of the sanctioning authority to apply an independent mind and consider all relevant materials before making a decision on prosecution sanctions.

The case was brought before the court by Anirudh P, a student of the university, challenging the university's syndicate decision dated 10.01.2018, which refused sanction solely based on the contributions of Dr. Nair to the institution, without adequate reference to the prosecution’s evidence.

The Kerala High Court referred to several Supreme Court decisions, including Mansukhlal Vithaldas Chauhan v. State of Gujarat and Mohd. Iqbal Ahmed v. State of A.P., to underline that the validity of a sanction depends upon the sanctioning authority’s thorough consideration of all materials and evidence. The court noted that the order of sanction must clearly show that this consideration took place.

The High Court was critical of the university syndicate's failure to apply its mind to the prosecution's records, finding that the decision to deny sanction was influenced by irrelevant factors, such as the accused’s contributions to the university, rather than the merits of the case itself.

Consequently, the court has set aside the original sanction denial and mandated the university to reassess the request for sanction of prosecution with due diligence and adherence to the legal standards discussed in the judgment. The university has been given a two-month timeframe to complete this process.

This judgment underscores the judiciary's commitment to ensuring that decisions related to prosecution sanctions are made with impartiality and comprehensive consideration of relevant facts, thereby safeguarding the principles of justice and accountability.

Bottom Line:

Validity of sanction for prosecution depends on the application of mind by the sanctioning authority to the material and evidence placed before it. 

Statutory provision(s): Prevention of Corruption Act, 1988 Section 13(1)(d) read with Section 13(2), Indian Penal Code Sections 420, 468, 471, 474

Anirudh P v. State of Kerala, (Kerala) : Law Finder Doc Id # 2781877