New Delhi, November 05: Sending a clear warning to politicians in power, the Supreme Court today ruled that a Governor of a State can accord sanction for prosecution of a Minister for an illegal act even after the Council of Ministers had refused such permission.

This ruling of far-reaching impact against those taking refuge behind Government�s decision not to accord sanction for their prosecution was given by a five-Judge Bench comprising Justice N Santosh Hegde, Justice SN Variava, Justice BP Singh, Justice HK Sema and Justice SB Sinha.

The Court by this ruling allowed prosecution of two former Madhya Pradesh Ministers - Rajendra Kumar Singh and Bishau Ram Yadav who had allegedly allowed release of 7.5 acres of land illegally to the earlier owners even though it had been acquired by Indore Development Authority.

The Governor had granted sanction under Section 197 of the Criminal Procedure Code for the prosecution of the two former Ministers even after the Council of Ministers decided not to accord sanction for their prosecution on the ground that no prima facie case was made out against them.

The former Ministers had challenged the Governor�s order in the High Court, which had held that Governor could not act contrary to the "aid and advice" of the Council of Ministers.

Allowing the appeal filed by M.P.Special Police, the apex Court said that "if the Governor cannot act in his own discretion there would be a complete breakdown of the rule of law as much as it would then be open for Governments to refuse sanction in spite of overwhelming material showing that a prima facie case was made out".

Justice Variava, writing for the Bench, said "democracy itself will be at stake" if the Government refuses to accord sanction for prosecution against Ministers in matters where prima facie a clear case for prosecution was made out.

"It would then lead to a situation where people in power may break law with impunity safe in knowledge that they will not be prosecuted as the requisite sanction (for prosecution) will not be granted," he said.

Accepting arguments advanced by senior advocate and former Attorney General Soli J Sorabjee, the apex Court paved the way for the prosecution of the two former Ministers against whom the FIR was lodged in March 31, 1998, while striking down the order of the Council of Ministers refusing to grant sanction.

It also set aside the High Court order holding that sanction for prosecution of the Ministers as not a function which could be exercised by the Governor in his discretion within the meaning of Article 163 of the Constitution.

A complaint was made to the Lokayukt against the two Ministers for the alleged illegality committed by the two Ministers.

The Council of Minister refused to accord sanction for their prosecution saying not an iota of material available against the Ministers in the case.

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