Judicial Propriety Upheld: Supreme Court Says Validity of Sanction Must Be Challenged Only Before It

The Supreme Court ruled that when a sanction order is issued pursuant to its ongoing monitoring of proceedings, its validity can only be challenged before the Supreme Court itself. No other court, including a High Court, is entitled to entertain such a challenge or grant a stay on that sanction while the matter remains pending before the apex court.

Facts Of The Case:

The case originated from the Supreme Court’s suo moto action concerning illegal construction and rampant tree felling within the Corbett Tiger Reserve. The investigation, initially directed by the Uttarakhand High Court and later monitored by the Supreme Court, was conducted by the CBI. The CBI filed a final report, leading to the requirement of prosecution sanction against involved officers. While the State of Uttarakhand granted sanction for most officers, it initially refused sanction for a senior IFS officer, Mr. Rahul.During a hearing on September 8, 2025, the Supreme Court orally questioned this disparity. Subsequently, on September 16, the State granted sanction against Mr. Rahul, referencing the Court’s observations. However, Mr. Rahul filed a writ petition before the Uttarakhand High Court challenging this sanction order. The High Court admitted the petition and stayed the sanction.Taking note, the Supreme Court expressed strong disapproval. It held that when sanction is granted during the pendency of its own continuous proceedings and based on its observations, the validity of that sanction cannot be adjudicated by any other forum. It transferred the writ petition to itself, stayed the High Court’s order, and issued a contempt notice to the officer. The Court later accepted his unconditional apology, permitted withdrawal of his petition, and clarified that any future challenge to the sanction’s validity must be made exclusively before the Supreme Court.

Procedural History:

The procedural history of this case commenced with the Supreme Court taking suo motu cognizance of environmental violations in the Corbett Tiger Reserve, monitoring parallel investigations by the CBI which were initially directed by the Uttarakhand High Court. The Court consistently oversaw the CBI’s progress through periodic status reports and issued directions to expedite departmental proceedings against accused officers. A critical juncture arose when the State, after the Court’s oral observations, granted prosecution sanction against a senior officer, Mr. Rahul, who then challenged this sanction before the Uttarakhand High Court, obtaining a stay. In response, the Supreme Court, in its order dated October 15, 2025, transferred the writ petition to itself, stayed the High Court’s order, and initiated contempt proceedings against the officer. The final judgment of November 11, 2025, accepted the officer’s apology, permitted the withdrawal of his petition, and established the legal principle that the validity of a sanction issued pursuant to its ongoing proceedings can only be challenged before the Supreme Court.

READ ALSO:From Death Row to Freedom: The Supreme Court’s Historic Curative Verdict in the Nithari Case

Court Observation:

The Supreme Court made strong observations on judicial propriety and hierarchy. It held that when a sanction order is passed during the pendency of its own continuous proceedings and explicitly references its observations, the validity of that sanction becomes intrinsically linked to the case before it. Consequently, no other court, including a High Court, is entitled to entertain a challenge to such an order or grant a stay, as doing so amounts to interference with the Supreme Court’s seized jurisdiction. The Court emphasized that while High Courts are constitutional courts not inferior to the Supreme Court, they are expected to refrain from adjudicating matters that directly stem from and impact ongoing proceedings before the apex court, thereby upholding the sanctity of the judicial process and preventing forum-shopping.

Final Decision & Judgement:

The Supreme Court, in its final judgment, accepted the unconditional apology tendered by the officer, Mr. Rahul, and discharged the contempt notice issued against him. It permitted the withdrawal of his transferred writ petition (Writ Petition (Crl) No. 1220 of 2025), which had challenged the sanction order. Crucially, the Court laid down a clear legal principle: while the officer was free to pursue other legal remedies, such as applying for discharge, any future challenge specifically to the validity of the sanction order dated September 16, 2025, could only be made before the Supreme Court itself and no other forum. The judgment thereby reaffirmed the Court’s paramount authority over matters and orders emanating from its own continuously monitored proceedings.

Case Details:

Case Title: IN RE: T. N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND OTHERS 
Citation: 2025 INSC 1344
Appeal Number: I.A. Nos. 20650 and 75033 of 2023 
Date of Judgement: November 11, 2025
Judges/Justice Name: Justice B.R. Gavai
Download The Judgement Here

Leave a Reply

Your email address will not be published. Required fields are marked *