RE:RE:Saffron terrorism
by Nanchil on Jun 17, 2008 04:46 PM
“The government’s permission is required to prevent misuse of these sections by the police, but in this case, there was enough evidence, including video footage,” said Ajay Kumar Jain. He said that the Supreme Court had in several cases held that the power to sanction prosecution rested with the government so that it could forestall the misuse and unnecessary harassment of individuals. In two judgments delivered in 1955 and 1988, the court had pointed out that “the object of sanction under the sub-section is to ensure prosecution only after due consideration, the appropriate sanctioning authority is satisfied that there is a proper case to put the party on trial and also to save the time of the criminal court being wasted by needless prosecution without conviction” (AIR 1955, Manipur 9(12): 1955 Cri LJ 184).