The Home Minister of the State was competent to accord the sanction for the prosecution under Cl. (c) of sub-a. (3) of S. 198B of the Criminal P.C.

GURDEV SINGH, J.

1. The Public Prosecutor instituted a complaint in the Court of the Sessions Judge, Hissar, under Ss. 500 and 501, Penal Code against the respondents Shrimati Kartar Devi and Chatar Singh for the publication of a news item in the issue of Hindi monthly Harijan Pukar," dated 1st November. 1964, which was alleged to be defamatory of Shri G. L. Nagpal, Sub-Divisional Magistrate, Sirsa. On an objection being taken by the accused that the sanction accorded for their prosecution was not valid, the learned Sessions Judge has refused to proceed with the trial and quashed the proceedings against the respondents by his order, dated 31.07.1965.

2. The Code of Criminal Procedure, 1898, as amended in the year 1955, makes a special provision for the trial of offences of defamation of public servants in respect of their conduct in discharge of public functions by the Court of Session in accordance with the procedure laid down in S. 198B of the Code. Sub-section (3) thereof lays down:

"198B (3). No complaint under sub-s. (1) shall be made by the Public Prosecutor except with the previous sanction.- (a) in the case of the President or the Vice-President or the Governor of a State, of any Secretary to the Government authorized by him in this behalf ;

(b) in the case of a Minister of the Central Government or of a State Government of the Secretary to the Council of Ministers, if any, or of any Secretary to the Government authorised in this behalf by the Government concerned :

(c) in the case of any other public servant employed in connection with the affairs of the Union or of a State, of the Government concerned."

3. It is not disputed that before the complaint against the respondents could be lodged, sanction for their prosecution had to be obtained from the Government of the State of Punjab as it existed prior to its recent Reorganization on 1st November, 1966. The Public Prosecutor placed two orders of sanction on record, Exhibits P. B. and P.C., for the prosecution of the respondents, which are in identical terms. To appreciate the point in controversy, one of them (Exhibit P. B.), may be reproduced here :-

"Whereas the Governor of Punjab is satisfied that on the 1st of November, 1964, Shrimati Kartar Devi, then working as the Editor of the "Harijan Pukar," a Hindi monthly published from Rohtak, had edited a report captioned "S. D. M. Hissar Ka Ek Harijan Vakil Ke Sath Appatti-Janak Vevhar," in the issue of the said monthly, dated the 1st November, 1964, containing statements defamatory of Shri Girdhari Lal Nagpal, S. D. M., Sirsa, District Hissar, in respect of his conduct in the discharge of his public functions and which he knew or had reasons to believe to be defamatory.

And whereas the said report discloses that the said Shrimati Kartar Devi has committed an offence punishable under S. 500 of the Indian Penal Code.

Now therefore, as required by cl. (c) of sub-s. (3) of S. 198B of the Criminal P.C., 1898, the Governor of Punjab, is pleased to sanction the prosecution of the said Shrimati Kartar Devi under S. 500 of the Penal Code. (Sd/- Jagdish Chandra)

Dated the 28.04.1865, Chandigrah, Deputy Secretary to Government, Punjab Home Department."

4. The contention raised before the trial Court on behalf of the respondents was that these sanction orders were not made by the competent authority as the Deputy Secretary (Home), who had signed them, was not Government of the State of Punjab, which alone was authorized to sanction the respondents prosecution. In accepting this contention and holding that the sanction was not accorded by the Government, which alone was the competent authority in such cases, the learned Sessions Judge relied upon the admission of Shri B. K. Gurtu, P. W. 2 Superintendent, Press Branch, Home Department, Punjab, Civil Secretariat, Chandigarh that the matter was never placed before the Governor. Though it was urged by the learned Public Prosecutor that the sanctions were valid as the matter ha