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Crl.AppealNo.2295-2296of2010

Crl.AppealNo.2295-2296of2010

Crl.A.Nos.2295-2296 of 2010 -60-doubt that the accused persons were involved in theconspiracy for the attack on the Akshardham temple andthe sentences meted out to them by the Special Court(POTA) and confirmed by the High Court must be upheldby this Court as the concurrent findings of factrecorded on the charges framed against the accusedpersons does not warrant any interference by thisCourt.Contentions on behalf of A-2 & A-4 and A-3 & A-5.45. We will now examine the contentions urged onbehalf of A-2 and A-4 who are represented by learnedsenior counsel, Mr. K.T.S Tulsi and thereafter A-3 andA-5, who are represented by learned senior counsel,Mr. Amarendra Sharan. Subsequently, the contentionsurged on behalf of A-6 who is represented by learnedcounsel, Ms. Kamini Jaiswal will be dealt with. Thecontentions will be dealt with topic wise.

Crl.A.Nos.2295-2296 of 2010 -61-That the Sanction required under Section 50 of POTAwas not obtained in a proper manner.46. Section 50 of POTA provides that “no court shalltake cognizance of any offence under the Act withoutthe previous sanction of the Central Government or asthe case may be by the State Government.” Theprosecution has relied on the testimony of KuldeepChand Kapoor (PW-88) to prove that the sanction wasgranted in accordance with the law.It was contended by the learned counsel for A-6 thatthe perusal of the statement of PW-88 would show thatall the documents pertaining to the investigation werenot placed before the sanctioning authority and it wasonly on the approval of the Minister that the sanctionwas granted. The sanction was granted without dueapplication of mind. Thus the said sanction is not aproper previous sanction, on the basis of which thecourt could have taken cognizance of the offences.

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