The Kerala High Court, in Nujum P. A. v. State of Kerala [2025 KER 71435], held that when a sanction order is clearly passed in the discharge of routine official functions, there is a presumption that it was done in a bona fide manner.
However, although it is open to the accused to question the genuineness or validity of the sanction order, there is no requirement for the prosecution to examine the sanctioning authority as a witness. This principle has been reiterated by the Court in Ravinathan L v. State of Kerala [2023 (4) KHC 530].
The Court clarified that when a sanction order indicates that it was issued in the discharge of routine official functions and shows that the sanctioning authority applied its mind after examining the entire prosecution record, the mere non-examination of the person who authored the sanction order is not fatal to the prosecution.
