AIR 2005 SUPREME COURT 3820 ::2005 AIR SCW 4148 ::(2005) 122 DLT 194 ::(2005) 3 AllCriR 2332 ::2005 (11) SCC 600 ::2005 SCC(Cri) 1715 ::(2005) 6 Scale 177 ::2005 (3) AndhLT(Cri) 125 SC ::(2005) 3 AndhLT(Cri) 125 ::2006 (1) AllCriLR 6 ::(2005) 3 ChandCriC 77 ::2005 (32) OCR 206 ::(2005) 6 SCJ 210 ::2005 (3) Crimes 87 ::2005 (6) SLT 54 ::(2005) 5 Supreme 414 ::2005 All MR(CRI) 2805 ::2005 (7) SRJ 364

Supreme Court Of India

(From : (2004) 1 Delhi LT 385)

Hon'ble Judge(s): P. Venkatarama Reddi, P. P. Naolekar , JJ

(A) Prevention of Terrorism Act (15 of 2002) , S.50, S.2(h)— Sanction for prosecution - Administrator of Union Territory, constitutionally designated as Lt. Governor - There is clear delegation of power statutorily conferred in his favour by virtue of Art. 239 of Constitution in respect of granting sanction under POTA - Relevant file showing that Lt. Governor saw file and he himself approved proposed sanction - Grant of sanction was not act done by delegate of Lt. Governor under Business Rules - Sanction accorded by said authority held was valid sanction. (Para 5) (B) Criminal P.C. (2 of 1974) , S.196— Sanction for prosecution - Presidential notification issued under Art. 239(1) of Constitution enabling Administrator of Union Territory, Lt. Governor to discharge powers and functions of State Govt. under Cr. P. C. - Govt. of NCT of Delhi Act, 1991 does not in any way affect validity of said delegation - Thus sanction accorded by Lt. Governor, was valid. (Para 5) (C) Prevention of Terrorism Act (15 of 2002) , S.50— Sanction for prosecution of accused - Granted after competent authority (Lt. Governor) reached satisfaction prima facie in regard to commission of POTA offences as well -....