Necessity of sanction
vinod bansal
(Querist) 26 April 2009
This query is : Resolved
R/All
Is there any necessity of prior sanction for prosecution of a Asst. Sub Inspector of Police in Haryana,ASI of Haryana Police is removable by Govt. or not as per requirement of applicability of section 197 crpc. in Haryana. Thanks
Kiran Kumar
(Expert) 27 April 2009
have u gone through the judgment i suggested u?
find out whether the action of the ASI was in discharge of his official capacity or otherwise. corruption is not said to be in discharge of official capacity.
in addition to 197 cr.p.c u can also c the Punjab Civil Services rules as applicable to Haryana.
dhiraj choudhary
(Expert) 27 April 2009
now the law on obtaining sanction for prosecution of public servant has changed/interpreted by the supreme court and it has been observed that sanction is required only when the act done during the discahrge of his official duty is not illegal but when the alleged act done is not connected to the dischage of official duty in any manner(corruption,beating by police officials to innocent persons etc.) then no sanction is required for the same. but in mayawati case ,governor refused to give sanction for her prsocution in a corruption case raising doubts over the proper implementation of law setteld by s.c on sanction due politicisation
Murali Krishna
(Expert) 27 April 2009
Sanction is required when the alleged act is part of his official duties. In all other cases Sanction is not necessary. The issue succinctly made clear in Prakash Singh Badal's case.
However, Supreme Court in P.K.Pradhan's case held that the question of cognizance by court can be decided even at the time of imposition of Conviction/punishment. That means, even without sanction court can take cognizance and proceed.
N.K.Assumi
(Expert) 28 April 2009
Members have given a very valuable suggestions: Let me add this. Suppose a Government doctors in Hospital while examining a patient pick pocket the patients purse containing money. Can it be said that it was in the discharge of his official duty? The answer should be a Big NO.
Y V Vishweshwar Rao
(Expert) 29 April 2009
Thanks to all the learned friends for the valuable suggestions /messages and the example give by Mr Assumi is Correct and it can be visualized in each case whether the act of official is with in his expected official duties or beyond it. The same will decide , the requirement of the Sanction before prosecution .
