Negative opinion of chief justice on the point of sanction for prosecution is binding on governor
The power to appoint Special Judge to try and decide the cases under the provisions of the Act of 1988 is with the Central Government or the State Government, as per section 3 of the Act. Sanction to prosecute the Judge of the subordinate Court, amongst whom appointment of a Special Judge is made, therefore, should be issued by the Governor - irrespective of the language of section 19(1)(c). However, as the opinion of the learned Chief Justice is binding on the Governor, for the same reason, even the negative opinion of the learned Chief Justice - not to prosecute the Judge of the subordinate Court - is equally binding on the Governor. Thus, in case of negative opinion, the question of processing the proposal any further, would not arise. In other words, the proposal 6 of 8
