The case would not have gone to trial with such infirmities had Gujarat's home department — a portfolio then held by Narendra Modi — denied the necessary sanction for prosecution under POTA. KC Kapoor, who was principal secretary, home, admitted that that in the material placed before him for sanction, he had not seen any papers suggesting compliance of the statutory conditions. As a corollary, the SC said that the sanction was neither "an informed decision" nor was it on the basis of "an independent analysis of fact in consultation with the investigating officer".
The apex court added, "This would go to show clear non-application of mind by the Home Minister in granting sanction." The stricture on Modi didn't end with that. The Supreme Court said that there was "perversity in conducting this case at various stages, right from the investigation level to the granting of sanction by the state government".