1999 (7) TMI 708 - SC - Indian Laws

Summary

Issues:
1. Whether sanction under Section 197 of the Code of Criminal Procedure is required for prosecuting a public servant for offences under the Prevention of Corruption Act and the Indian Penal Code.
2. Whether the High Court was correct in quashing the prosecution proceedings against the respondent.

Analysis:
1. The main issue in this case was whether sanction under Section 197 of the Code of Criminal Procedure (CrPC) is necessary for prosecuting a public servant for offences under the Prevention of Corruption Act (P.C. Act) and the Indian Penal Code (IPC). The respondent, a retired Superintending Engineer, was charged with criminal conspiracy and other offences related to misappropriation of government property. The respondent argued that no prior sanction was required under Section 197 of the CrPC. The Special Judge initially ruled in favor of the respondent, but the High Court quashed the proceedings. The Supreme Court, citing previous judgments, clarified that want of sanction under Section 197 of the CrPC is not a bar to prosecution for offences like criminal conspiracy and corruption under the P.C. Act and IPC, especially if the accused ceased to be a public servant when the court took cognizance of the offences.

2. The second issue revolved around the correctness of the High Court's decision to quash the prosecution proceedings against the respondent. The High Court based its decision on the premise that sanction under Section 197 of the CrPC was necessary due to the nature of the offences, including criminal breach of trust. However, the Supreme Court disagreed with this reasoning. The Court emphasized that not every offence committed by a public servant requires sanction for prosecution under Section 197 of the CrPC. The Court highlighted that criminal conspiracy and misconduct are not part of a public servant's official duties, thus sanction under Section 197 is not a prerequisite for prosecuting such offences. Therefore, the Supreme Court held that the High Court erred in quashing the prosecution proceedings and directed the Special Judge to proceed with the trial against the respondent.

In conclusion, the Supreme Court clarified the legal position regarding the requirement of sanction under Section 197 of the CrPC for prosecuting public servants for offences under the P.C. Act and IPC. The Court emphasized that certain offences like criminal conspiracy and corruption do not necessitate such sanction, especially if the accused is no longer a public servant at the time of trial. The judgment overturned the High Court's decision and allowed the prosecution proceedings against the respondent to continue in accordance with the law.