VidhiSangh

Supreme Court of India · 23/09/2024

FULESHWAR GOPE versus UNION OF INDIA & ORS.

[2024] 10 S.C.R. 315 · 2024 INSC 718

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Summary

Dismissing a UAPA accused's challenge to his sanction, cognizance and charges, the Supreme Court held that the time limits in Rules 3 and 4 of the UAPA Sanction Rules, 2008 are mandatory and must be strictly followed (prospectively), and that independent review by both the recommending authority and the Government is essential under Section 45(2). A short time taken to recommend and sanction is not by itself proof of non-application of mind; challenges to sanction, misjoinder and Section 22A depend on evidence and should be raised early before the trial court.

Issues

  1. At what stage can the validity of a sanction for prosecution under Section 45 of the UAPA be challenged?
  2. Whether the time limits in Rules 3 and 4 of the 2008 Sanction Rules are mandatory or directory, and whether independent review by both authorities is an essential requirement of Section 45(2).
  3. Whether a sanction recommended and granted within a day of receiving the material is vitiated for want of independent review and application of mind.
  4. Whether the appellant was wrongly tried along with others for allegedly unconnected transactions, in breach of Sections 218 to 224 CrPC.
  5. Whether the appellant, said to be a director of the accused company, was protected by the proviso to Section 22A of the UAPA.

Provisions considered

Held

Result

Appeal dismissed; challenges to the validity of sanction, misjoinder and the Section 22A exemption left open to be raised before the trial court and decided promptly; the holding that the timelines in Rules 3 and 4 of the 2008 Rules are mandatory to apply prospectively.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 315.