The facts of the case

The case of ACC vs Bayazid involves an application filed by the petitioner, the Anti-Corruption Commission, which challenges the propriety of the High Court Division’s judgment in quashing the proceedings in special case No. 3 of 2009. The case arises from an FIR lodged against the respondent for alleged criminal misconduct and Corruption. Then, when the respondent applied under Section 265(c), the Special Judge rejected the same. Then he petitioned the High Court, and considering all the circumstances, the High Court quashed the proceedings.

Issues of the case

• Whether a sanction for filing the case, as noticed by the High Court Division, is necessary or not?
• Whether the proceedings quashed by the High Court Division are reasonable or not?

Decision

The reason the High Court Division quashed the proceeding is that it appears to be contrary to the law. Based on these findings, the court set aside the Judgment and directed the learned Special Judge to proceed with the case in accordance with the law.

Justification

The petitioner submits that the High Court Division erred in law in quashing the proceedings on technical grounds despite the fact that the Anti-Corruption Commission has accorded sanction for submission of the police report in accordance with law.

The Court finds that section 32 of the Anti-Corruption Commission Act prescribes the sanction for the communication, which is a mandatory requirement of law for taking cognizance of offences punishable under the Act.

In Form 3 appended to the Anti-Corruption Rules in the subject matter, as well as the contents to be included in the order of sanction letter, it was mentioned that “sanction for filing case/submission of charge-sheet” was necessary.

Therefore, under the amended provision, no prior sanction from the Commission is necessary for filing a case, as per Form-3. The High Court Division was confused by the use of the words “sanction for filing a case,” which were deleted by Ordinance No. VII of 2007, and by overlooking this aspect of the matter, it quashed the proceeding.

The copy of the sanction letter, as quoted in the judgment, clearly shows that the Anti-Corruption Commission has accorded sanction for submission of the police report. The reason the High Court Division quashed the proceeding is that it appears to be contrary to the law. Based on these findings, the court set aside the Judgment and directed the learned Special Judge to proceed with the case in accordance with the law.