The power to appoint Special Judge to try and decide the cases under the provisions of the Act of 1988 is with the Central Government or the State Government, as per section 3 of the Act. Sanction to prosecute the Judge of the subordinate Court, amongst whom appointment of a Special Judge is made, therefore, should be issued by the Governor - irrespective of the language of section 19(1)(c). However, as the opinion of the learned Chief Justice is binding on the Governor, for the same reason, even the negative opinion of the learned Chief Justice - not to prosecute the Judge of the subordinate Court - is equally binding on the Governor. Thus, in case of negative opinion, the question of processing the proposal any further, would not arise. In other words, the proposal 6 of 8
must stand terminated on expression of negative opinion by the learned Chief Justice. That is the process of decision making in case of refusal to accord sanction to prosecute the judicial officers of the subordinate Court.
Bombay High Court
Devendra S. Doctor vs The State Of Maharashtra & Ors on 25 July, 2012
Bench: A.M. Khanwilkar, A. R. Joshi
JUDGEMENT (PER A.M. KHANWILKAR, J.):
