In Brief
The CBI appealed the High Court's order discharging two accused (a husband and wife) under the Prevention of Corruption Act for alleged disproportionate assets. The High Court had discharged one accused and partly allowed revision for the other, reasoning that the investigating officer failed to provide a specific opportunity for written explanation, thus making the sanction defective. The Supreme Court held that the validity of sanction can be challenged only during trial, not at the discharge stage; the absence of sanction is a threshold issue, but invalidity claims on procedural grounds are trial matters. Questions about admissibility of statements and investigation procedure must be decided during trial, not discharge proceedings. The Court set aside both the High Court and Special Court orders and remitted the case for trial, leaving all contentions open.
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