If Sanction For Prosecuting Public Servant Under PC Act Is Denied, Prosecuting Agency Can’t File Challan Under Other Penal Laws On Same Facts
Case: SANJAY KUMAR SRIVASTAVA & ORS. Vs. CENTRAL BUREAU OF INVESTIGATION
Coram: Justice Sanjay Dhar
Case No.: CRM(M) No.337/2021
Court Observation: “The CBI cannot conveniently ignore the advice of the Central Vigilance Commission as accepted by the concerned department and prosecute the public servants by mischievously dropping the offences under the provisions of the PC Act, thereby circumventing the protection granted to a public servant under the said legislation. Such an approach would render the protection granted to a public servant against frivolous prosecutions in terms of Section 6 of the J&K PC Act, which is in pari materia with Section 19 of the PC Act of 1988, nugatory and redundant, which can never be the intention of the legislature.”
“Thus, it cannot be stated that opinion of Central Vigilance Commission where the case has been referred to in terms of Section 6 of the J&K PC Act, which is in pari materia with Section 19 of the PC Act of 1988, is confined only to the offences under the provisions of the PC Act” “For the purpose of attracting section 197 of Cr.P.C, it is not necessary that the public servants must act in their official capacity but even where the public servants purport to act in their official capacity, the same would attract the provisions of section 197. Therefore, prior sanction under section 197 of Cr.P.Cwas required to be obtained”
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Keywords
Sanction For Prosecuting Public Servant,
