[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court
1 year, 10 months ago

[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

Live Law  

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that in the absence of. The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation. ".as the law now stands, the requirement of sanction under Section 19 of the PC Act is a prerequisite for presenting a private complaint against a public servant alleging the commission of an offence specified in Sections 7, 11, 13, and 15 of the PC Act. The Court perused Section 19 of the PC Act, and discerned that as per Clause, no court could take cognizance of an offence punishable under Sections 7, 11, 13, and 15 that have been alleged to be committed by a public servant, without obtaining the previous sanction of the competent authority referred to in sub-clauses, and.

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History of this topic

Kerala High Court Quashes Case Against Public Servant For Commenting On CM's Plea To Govt Officers To Donate 1-Month Salary For Flood Relief
3 weeks, 3 days ago

Kerala High Court Quashes Case Against Public Servant For Commenting On CM's Plea To Govt Officers To Donate 1-Month Salary For Flood Relief

Live Law  

The Kerala High Court quashed proceedings against a public servant for allegedly making "sarcastic comments" on a WhatsApp group concerning the Chief Minister's appeal to government officers to donate their one-month salary to a relief fund after the 2018 floods.The court found that the alleged comments were not intended to cause any injury to the benificiaries of the flood relief …

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles
3 weeks, 6 days ago

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

Live Law  

In a recent decision, the Supreme Court summarised the principles relating to Section 197 of the Code of Criminal Procedure, which hold that public servants cannot be prosecuted in respect of acts done in the discharge of their official duties without sanction from the government.The judgment delivered by a bench comprising Justice JB Pardiwala and Justice Manoj Misra explained when …

S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court
4 weeks, 2 days ago

S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court

Live Law  

The Supreme Court clarified that an irregularity in obtaining sanction to prosecute a public servant under the Prevention of Corruption Act, 1988, does not justify an acquittal unless it causes prejudice to the accused. The appellant-CBI contended that despite noting that had proved the demand and acceptance of a bribe by the public servant and the defence failed to rebut …

Srikakulam District SP pushes for swift justice, comprehensive investigations
1 month ago

Srikakulam District SP pushes for swift justice, comprehensive investigations

Deccan Chronicle  

Visakhapatnam: District Superintendent of Police KV Maheshwara Reddy has called for rapid resolution of property cases and stringent action against public misconduct during a comprehensive review of district police efforts. In a virtual conference with senior police officials on Wednesday, the SP emphasized the critical need for thorough investigations and timely case disposals. The meeting, held at the district police …

Sanction to prosecute public servants must in money laundering cases too: Court
2 months ago

Sanction to prosecute public servants must in money laundering cases too: Court

India Today  

The Supreme Court has ruled that the requirement for prior government sanction to prosecute public servants, as mandated under the Code of Criminal Procedure, also applies to complaints involving money laundering cases. The Telangana High Court had earlier set aside a trial court's order that had taken cognisance of the Enforcement Directorate's 's prosecution complaint on money laundering charges against …

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
3 months, 4 weeks ago

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel

Live Law  

The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. The Counsel for the complainant said that in Section 23, the words “any person” which signifies that the provision is not just applicable to the media persons but any other person …

Why is sanction for prosecution needed?
4 months, 2 weeks ago

Why is sanction for prosecution needed?

The Hindu  

The story so far: The issue of granting sanction to prosecute a public servant has once again come to the fore, following Karnataka Governor Thawar Chand Gehlot’s approval to open an investigation against Chief Minister Siddaramaiah and to prosecute him in connection with alleged irregularities in the allotment of compensatory plots to his wife whose land had been lost to …

If an investigation indicts Siddaramaiah, Governor has to grant another sanction for his prosecution
4 months, 3 weeks ago

If an investigation indicts Siddaramaiah, Governor has to grant another sanction for his prosecution

The Hindu  

The sanction granted by Karnataka Governor Thaawarchand Gehlot paves the way for an investigation against Chief Minister Siddaramaiah under the provisions of the Prevention of Corruption Act, 1988, at present, and not for his prosecution under the Act. If any court has to take cognisance of the alleged offences, in case the conduct of investigation leads to the filing of …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
5 months, 1 week ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

PC Act | Public Servant's Demand Of Bribe Ought To Be Verified Before Initiating Trap Proceedings: Supreme Court
5 months, 3 weeks ago

PC Act | Public Servant's Demand Of Bribe Ought To Be Verified Before Initiating Trap Proceedings: Supreme Court

Live Law  

The Supreme Court has reiterated that the public servant cannot be held guilty of accepting a bribe unless the prosecution has established the demand of a bribe and its subsequent acceptance by the public servant. The Court said that when a trap is laid down to catch the public servant red-handed for accepting bribe, then the factum of demand of …

Duty Of Public Servant's Wife To Discourage Him From Taking Bribe: Madras High Court Refuses To Set Aside Conviction Of Sub-Inspector's Wife
7 months, 1 week ago

Duty Of Public Servant's Wife To Discourage Him From Taking Bribe: Madras High Court Refuses To Set Aside Conviction Of Sub-Inspector's Wife

Live Law  

The Madras High Court has refused to set aside the conviction of the wife of a Sub-Inspector of Police accused of accumulating wealth disproportionate to his income. Justice KK Ramakrishnan noted that though the Public Servant was no more, his wife should face consequences under Section 109 read with Sections 13 and 13 of the Prevention of Corruption Act. The …

POSH Act | Complaint Not Served On Respondent, Witnesses Examined In His Absence: Kerala High Court Says ICC Must Observe Natural Justice
9 months, 3 weeks ago

POSH Act | Complaint Not Served On Respondent, Witnesses Examined In His Absence: Kerala High Court Says ICC Must Observe Natural Justice

Live Law  

The Kerala High Court recently quashed an inquiry report issued under the Sexual Harassment of Women at Workplace Act and rules made thereunder against an Assistant Engineer who was working in the Kerala State Electricity Board, citing violation of principles of natural justice. Quashing the inquiry report, Justice Basant Balaji stated thus: “The entire proceedings shall be completed in accordance …

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court
10 months, 3 weeks ago

S.321 CrPC | Public Prosecutor Not State's Postman, Withdrawal Of Prosecution Can't Be Done On Mere Asking Of Executive: Rajasthan High Court

Live Law  

In a recent decision, Rajasthan High Court has made a string of remarks about when an application to withdraw prosecution under Section 321 CrPC can be made. The single-judge bench of Justice Farjand Ali also observed that Section 321 CrPC provides an overwhelming pertinence to the discretion of a Public Prosecutor and his role, as an officer of the court, …

Upholding Public Order for Society's Well-Being, Not as Punishment
1 year, 1 month ago

Upholding Public Order for Society's Well-Being, Not as Punishment

Live Law  

The Kerala High Court on Thursday reminded that the power to detain individuals ought not to be used as a punitive measure, but to secure public order, in the larger interest of the society. The detention order, therefore,must reflect how public order would be vitiated if the person concerned is not detained invoking the provisions under the Kerala Anti-Social Activities …

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC
1 year, 2 months ago

Prosecution Of Public Servant For Corruption Involves Public Interest, Delayed Sanction Doesn't Automatically Invalidate Proceedings: Jharkhand HC

Live Law  

While emphasizing that non-compliance with the mandatory period for granting sanction to prosecute a public servant should not automatically lead to the quashing of criminal proceedings, especially when the case involves the prosecution of a public servant for corruption, the Jharkhand High Court has dismissed the petition filed by Upendra Nath Mandal, the Former Senior Manager of MECON Ltd, seeking …

Prevention of Corruption Act | Sanctioning Authority's Competence, Application Of Mind Can Be Examined Only During Trial: J&K High Court
1 year, 2 months ago

Prevention of Corruption Act | Sanctioning Authority's Competence, Application Of Mind Can Be Examined Only During Trial: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently clarified that the absence of sanction to prosecute a public officer can be challenged at the beginning of a case, but challenges related to the competence of the sanctioning authority and the application of mind can only be raised during the trial. The petitioner further argued that once the sanction …

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court
1 year, 3 months ago

Offences Under Prevention Of Corruption Act Can Be Invoked Against Persons Discharging Public Duty, Not Only Public Servants: J&K High Court

Live Law  

The Jammu & Kashmir High Court on Tuesday held that a broad interpretation of the term "public servant" under Section 2 of the Prevention Of Corruption Act is essential to curb the growing menace of corruption in the society imparting public duty. On the other hand, Sr AAG Mohsin Qadri argued that the firm's proprietor and employee were, in fact, …

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
1 year, 4 months ago

Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court

Live Law  

While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. It was also argued that the court below failed to …

State Vigilance and Anti-Corruption Bureau Can Investigate Corruption Offences Against Central Govt Employees: Kerala High Court
1 year, 5 months ago

State Vigilance and Anti-Corruption Bureau Can Investigate Corruption Offences Against Central Govt Employees: Kerala High Court

Live Law  

The Kerala High Court recently held that the Vigilance and Anti-Corruption Bureau has the authority to register the crime and investigate offences under the Prevention of Corruption Act, 1988 that are allegedly committed by Central Government employees.A Single Judge Bench of Justice Kauser Edappagath noted that there was no special provision in the Prevention of Corruption. The Kerala High Court …

Is Resolution Professional A 'Public Servant' Under Prevention Of Corruption Act? Supreme Court To Examine
1 year, 6 months ago

Is Resolution Professional A 'Public Servant' Under Prevention Of Corruption Act? Supreme Court To Examine

Live Law  

The Supreme Court, on Wednesday, issued notice in a plea challenging the ruling of the Jharkhand High Court that a Resolution Professional will be considered a ‘public servant’ under Section 2 and Section 2 of the Prevention of Corruption Act, 1988. The High Court had opined that the RP performs ‘public duty’ within the meaning of Section 2 of the …

Corruption By Public Servants A ‘Gigantic Problem’, Eroding Confidence Of Common Man In Governance: Rajasthan High Court
1 year, 8 months ago

Corruption By Public Servants A ‘Gigantic Problem’, Eroding Confidence Of Common Man In Governance: Rajasthan High Court

Live Law  

The Rajasthan High Court has dismissed an employee's petition seeking consideration for promotion to the post of Additional Office Superintendent in the Home Department. After promotion to the post of UDC, he was promoted to the post of Assistant Administrative Officer against the vacancies of the year 2020-21 vide order dated 20.07.2020. Thereafter, when the respondent-department initiated the promotion exercise …

Madras High Court Holds Court Officer Guilty Of Taking Bribe For Job, Sentences Him To 3 Years Rigorous Imprisonment
1 year, 10 months ago

Madras High Court Holds Court Officer Guilty Of Taking Bribe For Job, Sentences Him To 3 Years Rigorous Imprisonment

Live Law  

The Madras High Court recently found a court officer guilty of misusing his official position and cheating an illiterate man with a promise of securing a job for him and obtaining 40000 rupees for the same. "This Court has carefully gone through the entire materials and the antecedents of the respondent and finds that the respondent not only cheated the …

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court
1 year, 11 months ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law  

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

District Collector's Sanction Not Necessary For Initiating Prosecution Under Section 7 Of Essential Commodities Act: Kerala High Court
1 year, 11 months ago

District Collector's Sanction Not Necessary For Initiating Prosecution Under Section 7 Of Essential Commodities Act: Kerala High Court

Live Law  

The Kerala High Court recently held that the sanction of the district collector is not required for initiating prosecution under Section 7 of the Essential Commodities Act, 1955. As Rajan failed to produce any bill, invoice, or other documents supporting such storage of LPG cylinders, the District Collector alleged violation of clause 6 of the LPG Order, 2000 and Section …

UAPA & Preventive Detention: Important High Court Judgments 2022
2 years ago

UAPA & Preventive Detention: Important High Court Judgments 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Preventive Detention Not Tenable When Other Penal Laws Sufficient To Deal With The Situation: Gujarat High Court Case Title: Dilip Bhavanishankar Yadav v. State Of Gujarat Case Citation: 2022 LiveLaw 85 "Unless and until, the material is there to make outa case that the …

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case
2 years, 1 month ago

Kerala HC Issues Show Cause Notice To Former Lakshadweep Magistrate Over Alleged Manipulation Of Evidence In 2015 Case

Live Law  

The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate at Amini island in Lakshadweep, asking him to explain why disciplinary proceedings should not be recommended against him for allegedly manipulating evidence of a witness in a 2015 case.Justice P.V. The Kerala High Court on Monday issued show-cause notice to former Sub Judge/Chief Judicial Magistrate …

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case
2 years, 2 months ago

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case

Live Law  

Cancelling author and social activist Civic Chandran's anticipatory bail in a sexual harassment case, the Kerala High Court on Thursday directed him to surrender before the Investigating Officer within seven days for subjecting himself for interrogation.Justice A. Badharudeen while allowing the petitions moved by the victim and the Government against the grant of anticipatory bail to Chandran. Cancelling author and …

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court
2 years, 2 months ago

[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that in the absence of any dishonest motive or intention on the part of public servant, criminal prosecution cannot be launched against him or her under the Prevention of Corruption Act. The bench comprising Justice Sanjay Dhar was hearing a petition challenging FIR for offence under Section 5 of the …

PC Act -Is Direct Evidence Of Bribe Demand Necessary To Punish Public Servant? Supreme Court Constitution Bench To Hear On Nov 15
2 years, 3 months ago

PC Act -Is Direct Evidence Of Bribe Demand Necessary To Punish Public Servant? Supreme Court Constitution Bench To Hear On Nov 15

Live Law  

A Constitution Bench of the Supreme Court, on Wednesday, decided to commence with the hearing of the plea which raises the question whether in the absence of evidence of complainant/direct or primary evidence of demand of illegal gratification, is it not permissible to draw inferential deduction of culpability/guilt of a public servant under Section 7 and Section 13 read with …

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist
2 years, 5 months ago

Kerala Govt Approaches Supreme Court Seeking To Restore UAPA Charges Against Alleged Maoist

Live Law  

The State of Kerala has approached Supreme Court against Kerala High Court's order of discharging alleged Maoist leader Roopesh accused of charges under Unlawful Activities Act and sedition under Section 124A of the Indian Penal Code. The High Court bench of Justice K. Vinod Chandran and Justice C. Jayachandran had discharged Roopesh, who allegedly along with members of the banned …

Whether Prevention Of Corruption Act Can Be Invoked Against A Private Person Alone Requires Consideration: Rajasthan High Court Grants Bail To CA
2 years, 6 months ago

Whether Prevention Of Corruption Act Can Be Invoked Against A Private Person Alone Requires Consideration: Rajasthan High Court Grants Bail To CA

Live Law  

The Rajasthan High Court has said that whether or not the provisions of Prevention of Corruption Act can be invoked against a private person is a question that requires consideration.Observing thus, it granted bail to a Chartered Accountant, who it held is not a public servant, booked under the Act after recovery of Rs. The Rajasthan High Court has said …

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC
2 years, 7 months ago

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that when a government servant is accused of a criminal offence, there has to be a reasonable connection between the act concerned and the performance of his official duty for him to claim that there is need of sanction to prosecute under Section 197 of CrPC. Significantly, to address the contentions of the Applicant …

No Previous Sanction Required To Prosecute Bank Officials In Connection With IPC/RPC Offences: Jammu & Kashmir & Ladakh HC
2 years, 7 months ago

No Previous Sanction Required To Prosecute Bank Officials In Connection With IPC/RPC Offences: Jammu & Kashmir & Ladakh HC

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that there is no need to obtain the previous sanction to prosecute bank officials in connection with offences under IPC/RPC.The Bench of Justice Sanjay Dhar also observed that the appointing and removing the authority of the officials of the petitioner Bank is not the Government but it is the competent …

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court
2 years, 8 months ago

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court

Live Law  

The Delhi High Court has observed that it is undesirable for Courts to make remarks censuring the action of police officers unless such remarks are strictly relevant for the case.Justice Jasmeet Singh expunged the remarks made against the Investigating Officer by a Trial Court in a criminal revision case. The Delhi High Court has observed that it is undesirable for …

Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court
2 years, 8 months ago

Public Servant Can't Be Prosecuted Under SC/ ST Act In Absence Of Averments In FIR Showing 'Willful Negligence' Of Duties: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently discontinued an investigation in a crime in which the First Information Report did not indicate any willful negligence of duties by public servant which were required to be performed under the Scheduled Castes and Scheduled Tribes Act, 1989. Thereafter, the informant claimed to have approached the National Commission for Scheduled Castes, Hyderabad for release …

'Allegations Criminal In Nature, Prior Sanction U/S 17A PC Act Prima Facie Not Necessary': Kerala HC Nods To Vigilance Probe Against Ex-VACB Officer
2 years, 10 months ago

'Allegations Criminal In Nature, Prior Sanction U/S 17A PC Act Prima Facie Not Necessary': Kerala HC Nods To Vigilance Probe Against Ex-VACB Officer

Live Law  

The Kerala High Court on Friday dismissed a petition filed by a retired Superintendent of Police seeking to quash a case registered against him by the Vigilance Special Investigation Unit.Justice Sunil Thomas gave green light to the VACB to continue with its probe against the petitioner finding that the offences alleged against him were not covered by. The Kerala High …

Registering Offence Of Corruption Against Public Servants Merely On Written Complaints Without Supportive Material Disastrous: Madhya Pradesh HC
2 years, 10 months ago

Registering Offence Of Corruption Against Public Servants Merely On Written Complaints Without Supportive Material Disastrous: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court recently quashed the charge-sheet and consequential proceedings in a case registered for offences under the Prevention of Corruption Act, 1988, observing that the investigating agency proceeded for prosecution based on half-baked material, and that allowing trial to proceed on the basis of the same would be an exercise in futility, inevitably resulting in the discharge …

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
2 years, 11 months ago

Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

Live Law  

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156 of the Code of Criminal Procedure, 1973. The Court also noted that the issue in consideration as to whether prior sanction for prosecution qua allegation of corruption in …

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice
2 years, 11 months ago

Is Sanction To Prosecute A Person Not Being Public Servant Required Under Essential Commodities Act? Delhi High Court Issues Notice

Live Law  

The Delhi High Court has issued notice on a petition raising a question as to whether a sanction to prosecute an accused under Essential Commodities Act is required when such a person is not a public servant. Justice Subramonium Prasad issued notice on the petition assailing the orders passed by Chief Metropolitan Magistrate of the Karkardooma Courts whereby it was …

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court
3 years ago

Competent Authority Required To Look At 'Entire Material' Placed On Record While Declining To Grant Sanction To Prosecute: Karnataka High Court

Live Law  

The Karnataka High Court has held that an investigating agency cannot be construed as a person aggrieved of an order passed by the State refusing to grant sanction to prosecute, a government servant in this case. It observed, "In my considered view, no fault can be found with the exercise of discretion of the competent authority in looking into the …

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court
3 years, 1 month ago

Sanction Order Should Contain Reasons & Must Reflect Materials Considered By Authority: Kerala High Court

Live Law  

The Kerala High Court observed that a sanction order should contain reasons and must also reflect the materials considered by the authority for the purpose of deciding the necessity for granting sanction for prosecution of the public servant.In this case, the contention raised by the accused was that the prosecution case has been initiated in violation of the statutory stipulations …

Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court
3 years, 2 months ago

Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court

Live Law  

The Supreme Court has held that prior sanction of the Magistrate is not mandatory for investigating a non-cognizable offence along with a cognizalbe offence.A bench comprising Justices MR Shah and AS Bopanna held so while dealing with an appeal against a judgment of the Jammu and Kashmir High Court, which quashed an FIR for offences under under the J&K Prevention …

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court
3 years, 3 months ago

[S.197 CrPC] State Sanction Not Required To Prosecute Policemen For Their 'Illegal Acts': Kerala High Court

Live Law  

The Kerala High Court has ruled that sanction stipulated under Section 197 Code of Criminal Procedure is not necessary to prosecute police officers in cases of police brutality since such acts are not related in any manner to the discharge of their official duties.Justice Mary Joseph remarked:".the accused can only be taken to have exercised their authority for committing some …

Kerala High Court Orders Police Protection For Municipal Chairperson After Alleged Abuse By Political Rivals
3 years, 4 months ago

Kerala High Court Orders Police Protection For Municipal Chairperson After Alleged Abuse By Political Rivals

Live Law  

The Kerala High Court on Thursday directed the police to protect the Chairperson of the Thrikkakara Municipality Ajitha Thankappan from any threat from any source.Justice Devan Ramachandran said an interim direction was required to be issued as the petitioner was the elected chairperson. The Kerala High Court on Thursday directed the police to protect the Chairperson of the Thrikkakara Municipality …

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates
3 years, 4 months ago

Taking Cognizance Of Offences Against Public Servants Without Sanction Under S.197 CrPC Bad In Law: Kerala High Court Reiterates

Live Law  

The Kerala High Court on Wednesday held that it was necessary to obtain sanction under Section 197 of the Code of Criminal Procedure for prosecution against public servants, and that cognizance of the offences taken against them without such sanction was bad in law. Accordingly, reliance was placed on Amrik Singh v. State of Pepsu where it was held as …

Citizenry Should Behave In A Civilized Manner: Kerala High Court Calls For Stringent Action Against Attacks On Medical Workers
3 years, 4 months ago

Citizenry Should Behave In A Civilized Manner: Kerala High Court Calls For Stringent Action Against Attacks On Medical Workers

Live Law  

While coming down heavily on the increasing number of attacks on medical personnel in the State, the Kerala High Court on Thursday directed the State government to take all possible steps to provide adequate protection to those manning the healthcare system.Calling for stringent measures against the same, the Court has also directed the State and other stakeholders including the. While …

Individual Performing 'Public Duty' Will Come Under Prevention Of Corruption Act Though Not A 'Public Servant' : Karnataka High Court
3 years, 4 months ago

Individual Performing 'Public Duty' Will Come Under Prevention Of Corruption Act Though Not A 'Public Servant' : Karnataka High Court

Live Law  

The Karnataka High Court has held that even if an individual is not a public servant, but if he is discharging "public duty" by virtue of his office, he is answerable to the State and public and he comes within the ambit of the Prevention of Corruption Act. G.Krishnegowda, working as a project manager at Nirmithi Kendra, Chikkaballapura, had approached …

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court
3 years, 5 months ago

Sanction U/S 197 CrPC Required To Prosecute Public Servants If Alleged Act Committed Is Directly Concerned With Official Duty: Supreme Court

Live Law  

The Supreme Court observed that sanction from competent authorities under Section 197 of Code of Criminal Procedure is required to prosecute public servants if the alleged act committed is directly concerned with the official duty.The yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable …

Sufficient Prior Approval Obtained Before Investigating Accused Officers In Palarivattom Flyover Scam: Anti-Corruption Bureau To Kerala High Court
3 years, 5 months ago

Sufficient Prior Approval Obtained Before Investigating Accused Officers In Palarivattom Flyover Scam: Anti-Corruption Bureau To Kerala High Court

Live Law  

The Vigilance and Anti-Corruption Bureau has opposed the petition filed by former Secretary to Kerala PWD, TO Sooraj, seeking to quash the FIR registered against him in the Palarivattom Flyover Scam case. The agency asserted that it has obtained the requisite prior approval under Prevention of Corruption Act, for investigating accused officers. He contended that there was no prior approval …

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