The court ruled that sting operations against public servants are permissible when adhering to legal guidelines and prior approval under Section 17A is required in specific circumstances, such as accusations against Commercial Tax Department officials.

ORDER :

Conglomeration of these cases arises out of crimes registered against the petitioners on account of sting operations conducted by the media. Since all these petitions bring up a common challenge to sting operations so conducted and consequently the offences so alleged, they are taken up together and considered by this order. The only variation would be the incidence and registration of crime, or the crime as the case would be. But, one stream that runs through the entire challenge is veracity of sting operation. In the light of the incidents being different, I deem it appropriate to narrate brief facts in each case.

Criminal Petitions Nos. 7430 of 2022, 7431 of 2022, 7473 of 2022 and Writ Petition No.15582 of 2022:

2. The 2nd respondent is the complainant in all these cases. A complaint comes to be registered on 03-08-2022 before the then Anti-Corruption Bureau. The allegation in the complaint is that a Television channel by name Power TV conducts a sting operation which consists of 8 Traffic Police Inspectors and 3 Assistant Commissioners of Police named in the complaint who are said to have indulged in taking money from public for letting Tipper Lorries on alternative routes where there would be no traffic jams which by itself caused a traffic jam and on verification of the video it was found that the Traffic Police Inspectors are letting granite lorries and all other lorries which are categorized as heavy motor vehicles by extracting money. This sting operation that was projected in the Television Channel is said to have been noticed by the 2nd respondent and on the basis of the said Television broadcast registered the complaint. The complaint then becomes a crime in Crime No.60 of 2022 for offences punishable under Sections 7 (a) and 12 of the Prevention of Corruption Act, 1988 (‘the Act’ for short). It is the registration of crime that drives the petitioners to this Court in the subject petitions. The petitioners, in Criminal Petition No.7430 of 2022, are the personnel working in the traffic wing of different police stations of different jurisdictions.

All the aforesaid facts pertaining to afore-quoted petitions both criminal petitions and writ petitions are arising out of a solitary fact and a solitary crime in Crime No.60 of 2022.

Writ Petition No.10825 of 2023:

3. The 2nd respondent/Lokayukta Police is the complainant as it is a suo motu action taken against the petitioners. The allegation against the petitioners is that a private news channel Asianet Suvarna conducts a sting operation on 19-11-2022 in the office of the Additional Commissioner of Commercial Taxes (South Zone), Koramangala, Bangalore and found that officers in the Department are demanding illegal gratification. This is broadcasted in the television channel i.e., Suvarna News. Alleging that this formed offence under the Act, after about 4 months, the Lokayukta Police registers a crime on 04-03-2023 for offences punishable under Section 7 (c) of the Act in Crime No.4 of 2023. The petitioners are accused Nos. 1 and 2 in the said crime.

Writ Petition No.10549 of 2023:

4. The issue in the subject petition concerns conduct of sting operations on 23-10-2022, 24-10-2022 and 28-10-2022 at the Bypass Road of Chitradurga and in the office of the Assistant Commissioner of Commercial Taxes, Chitradruga. The allegation is demand of illegal gratification. This was aired in the news channel on 25-11-2022 and the crime in Crime No.3 of 2023 is registered on 10-03-2023 for offences punishable under Section 7 (a), 7(b) and 7(c) of the Act. The petitioners are accused Nos. 1, 2 and 3 in the said crime.

Writ Petition No.10676 of 2023:

5. The petiti