Member of Parliament & M.L.A. are public servant???? if yes.... then who is prosecution sectioning authority??? i.e. section 197 Cr.P.C..
Member of Parliament & M.L.A. are public servant???? if yes.... then who is prosecution sectioning authority??? i.e. section 197 Cr.P.C..
Kiran Kumar (Lawyer) 09 February 2010
in case of sitting MLA and MPs, the sanctioning authorities are Governer and President, however they would give sanction on the recommendation of the State/ Central Govt.
for more clarification on S.197 Cr.P.C, read Parkash Singh Badal's judgment, i ve given the link below:
RAJENDRAN K.M. 09443050520 (Advocate) 09 February 2010
Kiran Kumar (Lawyer) 09 February 2010
its a latest landmark judgment on this point....
DR.SANAT KUMAR DASH (Eye Specialist) 09 February 2010
MR. KIRAN KUMAR JI,
IF THE SANCTIONING AUTHORITY WILL NOT GIVE SANCTION U/S 197 CrPC......THEN WHAT SHALL BE NEXT?? IS THERE ANY TIME LIMIT FOR PROVIDING SANCTION U/S 197 CrPC......IF SO , STATE SOME CITATIONS OF SUPREME COURT OF INDIA.
Feroz M Shafeeque (Police Officer) 16 February 2010
I think speakers of the respective houses are prosecution sanctioning authority for MLAs and MPs. For ministers it is Governor or President as the case may be.