https://www.taxtmi.com/caselaws?id=183805 Sanction for prosecution under Section 6 of the Prevention of Corruption Act, 1947 must reflect an independent application of mind by the competent authority and cannot be granted mechanically pursuant to a judicial direction. A writ of mandamus may compel consideration of a statutory duty, but it cannot dictate the outcome where the statute confers discretion. A sanction issued without free and independent judgment is invalid, and any prosecution founded on it is unsustainable. The text also notes that, after a long lapse of time, directing fresh sanction may be inappropriate where fairness and speedy trial concerns under Article 21 would be affected. en-us Wed, 03 Sep 1997 00:00:00 +0530 Fri, 12 May 2017 17:40:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183805 Sanction for prosecution under Section 6 of the Prevention of Corruption Act, 1947 must reflect an independent application of mind by the competent authority and cannot be granted mechanically pursuant to a judicial direction. A writ of mandamus may compel consideration of a statutory duty, but it cannot dictate the outcome where the statute confers discretion. A sanction issued without free and independent judgment is invalid, and any prosecution founded on it is unsustainable. The text also notes that, after a long lapse of time, directing fresh sanction may be inappropriate where fairness and speedy trial concerns under Article 21 would be affected. Case-Laws Indian Laws Wed, 03 Sep 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183805