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Supreme Court of India 2019-11-14 dismissed

Yashwant Sinha & Ors vs Central Bureau of Investigation Through its Director & Anr

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

This case involved review petitions challenging a Supreme Court order that had examined a government defence aircraft procurement contract. The petitioners sought to reopen judicial review of the contract, claiming errors in the court's interpretation and application of law. The Court dismissed the review petitions, holding that its original order correctly applied the limited scope of judicial review available under Article 32 of the Constitution. The Court held that even if cognizable offences were disclosed, the mandatory bar under Section 17A of the Prevention of Corruption Act requires prior approval before any investigation can proceed, making an FIR direction futile without such approval. The Court reaffirmed that judicial review of complex commercial decisions cannot be substituted by the court's judgment.

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Constitutional Law Judicial Review Anti-Corruption Administrative Law Criminal Procedure Article 32

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