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I. A. ANSARI, NAVANITI PRASAD SINGH, CHAKRADHARI SHARAN SINGH
Ram Rekha Pandey – Appellant
Versus
State of Bihar – Respondent
What is the validity of the Bihar Government notification dated 16.05.1980 issued under Section 197(3) Cr.P.C. extending protection to Bihar Police Force? What is the requirement of previous sanction for prosecuting police officers acting in discharge of official duty under the 1980 notification?
Key Points: - Bihar Government notification dated 16.05.1980 under Section 197(3) Cr.P.C. extends Section 197(2) protection to officers and men of Bihar Police Force charged with maintenance of public order, requiring previous sanction of State Government for prosecution (!) (!) . - The notification applies to police personnel acting or purporting to act in discharge of official duty, making sanction a precondition to taking cognizance (!) [8000420610001]. - Supreme Court in Om Prakash v. State of Jharkhand recognized and applied the 1980 notification to quash prosecution against Bihar police officers [8000420610010][8000420610011] (!) . - Police require protection via sanction when taking drastic action against criminals to safeguard life, property, and themselves, unless unimpeachable evidence shows indefensible, mala fide action (!) . - The Full Bench upheld the notification's validity within Section 197(3) powers, overruling contrary single judge views, and agreed with prior decisions favoring protection (!) (!) . - In the petitioner's case, cognizance order dated 01.04.1991 against Officer-in-Charge of Government Rail Police Station for IPC offences was quashed for lack of prior sanction under the notification [8000420610001][8000420610018][8000420610019]. - Prior decisions like Balram Bhagat were held incorrect for ignoring the 1980 notification [8000420610015][8000420610016].
CHAKRADHARI SHARAN SINGH, J.
Invoking the provisions as contained in Sub-section (3) of Section 197 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.), the Government of Bihar, by a notification, dated 16.05.1980, published in the official gazette, has declared that the provisions of Sub-section (2) of the said Section shall apply to the “Officers and men” wherever they may be serving the State of Bihar of the Bihar Police Force, charged with maintenance of public order and who have been appointed by the Inspector General of Police, Bihar, or any other Officer specially authorized to appoint any such person of such force under the Police Act, 1961. The effect of the said notification is that no Court can take cognizance of an offence, alleged to have been committed by a member of Bihar Police Force; charged with maintenance of public order, while acting or purporting to act in discharge of his official duty except with the previous sanction of the State Government.
2. Relying on the said notification, the petitioner, who, admittedly, at the relevant point of time, was posted as Officer-in-Charge of Government Rail Police Station, at Muzaffarpur
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