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DIPANKAR DATTA, MANMOHAN
Central Bureau of Investigation – Appellant
Versus
Ramesh Chander Diwan – Respondent
JUDGMENT :
DIPANKAR DATTA, J.
1. These two appeals, by special leave, are directed against a common judgment and order dated 29th January, 2024,1[impugned order] passed by the High Court of Punjab and Haryana at Chandigarh. The impugned order of the High Court partly allowed a revision petition,2[Crl. Revision Petition No.1388 of 2021] of the respondent, wherein an order of the Special Court (CBI) dated 29th October, 2021 dismissing the respondent’s application for discharge was under challenge. While the High Court discharged the respondent in respect of offences punishable under the Indian Penal Code, 1860,3[IPC] on the ground that no sanction had been obtained as per the statutory mandate contained in Section 197, Code of Criminal Procedure, 1973,4[Cr. PC], the prayer of the respondent for discharge qua offences alleged against him under the Prevention of Corruption Act, 1988,5[PC Act] was spurned. The High Court held that even though the respondent had retired from service, the amended provisions of Section 19 of the PC Act would have no retrospective application and, therefore, he was not entitled to derive any benefit of such amendment.
2. Central Bureau of Investigation (CBI) i
The court affirmed that a public servant on deputation remains a public servant for the purposes of sanction under Section 197, Cr. PC, requiring such sanction for prosecution.
Public servant needs protection from prosecution under IPC only if acts are connected to official duties; lack of nexus and undue delay infringes the right to a speedy trial.
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for official duty acts; absenc....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for offences in discharge of o....
Protection of public servants under Section 197 requires a reasonable connection between alleged acts and official duties, with prosecution permissible only upon obtaining requisite sanction.
Sanction under Section 197 of the Cr.P.C. is mandatory for prosecuting public servants for actions taken while performing official duties, preventing misuse of legal proceedings.
Protection under Section 197 Cr.PC is essential for public servants to prevent frivolous prosecutions arising from actions taken in the course of official duties.
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