New Delhi: The Delhi High Court has refused to drop criminal proceedings in a trial court against a former IFS officer in a case of alleged corruption and trafficking of 8 people to Germany in 2005, saying it would be inappropriate to quash the trial in the midway for want of valid sanction.
The high court said that the issue of validity of the sanction to prosecute accused Rakesh Kumar, former Director General (DG) of Indian Council for Cultural Relations (ICCR), would be decided by the trial court.
Justice VP Vaish passed the order while referring to a Supreme Court decision in a similar matter in which it was held that "interdicting" a criminal proceeding mid-course on ground of invalidity of the sanction order will not be appropriate unless the court can also reach the conclusion that failure of justice had been occasioned.
The apex court has also held that failure of justice can be established not at the stage of framing of charge but only after the trial has commenced and evidence has been led, the high noted in its 9-page order.
The high court directed the lower court to expedite the trial which has been pending since 2006.
"It is a settled law that any error, omission or irregularity in the grant of sanction will not affect any finding, sentence or order passed by a competent court unless in the opinion of the court a failure of justice has been occasioned.
"In view of the dictum of the Supreme Court of India in Rajmangal Ram's case, this Court is of the view that it is not appropriate to quash proceedings on the ground of invalidity of the sanction during mid-course of the trial proceedings.
The same will be considered by the trial court after the evidence is adduced by both the parties," the court said.
Kumar had challenged the trial court's January 2013 order dismissing his plea against the sanction order to prosecute him.