The Governor opined that the available documents and the evidence was enough to show that a prima facie case for prosecution had been made out.
7697 7698 of 2003 DELIVERED BY N.VARIAVA, J N. VARIAVA, J. Leave granted.
It must be mentioned that by the time the report was given the two Ministers had already resigned.
Both the Ministers filed separate Writ Petitions under Articles 226 and 227 of the Constitution of India assailing the Order of the Governor.
The Governor accordingly granted sanction for prosecution under Section 197 of the Criminal Procedure Code.
Arising out of SLP C Nos.
Sanction was applied for from the Council of Ministers for prosecuting the two Ministers.
These Appeals are against the Judgment of the Madhya Pradesh High Court dated 10th January, 2003.
4 in both these Appeals , i.e. Rajender Kumar Singh and Bisahu Ram Yadav, were Ministers in the Government of M. P. A Complaint was made to the Lokayukta against them for having released 7.5 acres of land illegally to its earlier owners even though the same had been acquired by the Indore Development Authority.
The Council of Ministers thus refused sanction on the ground that numberprima facie case had been made out against them.
The Governor then companysidered grant of sanction keeping in view the decision of the Council of Ministers.
