https://www.taxtmi.com/caselaws?id=176811 Section 7 of the Armed Forces (Special Powers) Act was interpreted as barring criminal proceedings until prior sanction is obtained, and the word "institution" was held to refer to the stage of cognizance, not merely filing of the chargesheet. The sanction requirement was treated as jurisdictional for criminal court prosecution, so proceedings could not advance without Central Government approval. The choice between criminal court trial and court-martial was identified as a post-chargesheet, pre-cognizance decision for the Army authorities, and if court-martial is adopted, the special Act's sanction bar does not govern that forum. en-us Tue, 01 May 2012 00:00:00 +0530 Thu, 03 Jul 2025 11:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=176811 Section 7 of the Armed Forces (Special Powers) Act was interpreted as barring criminal proceedings until prior sanction is obtained, and the word "institution" was held to refer to the stage of cognizance, not merely filing of the chargesheet. The sanction requirement was treated as jurisdictional for criminal court prosecution, so proceedings could not advance without Central Government approval. The choice between criminal court trial and court-martial was identified as a post-chargesheet, pre-cognizance decision for the Army authorities, and if court-martial is adopted, the special Act's sanction bar does not govern that forum. Case-Laws Indian Laws Tue, 01 May 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=176811