8 years, 6 months ago

Previous Sanction For Investigating Public Servants: HC Rectifies, But SC Reiterates ‘Erroneous’ View [Read Judgment]

In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court.Justice Byrareddy, in his judgment dated 21st May, 2013, in M.K. In a rare event of its kind, Justice Anand Byrareddy of the Karnataka High Court has refused to follow dictum laid down in an apex court judgment, widely opined as per incuriam, wherein his own judgment was upheld by the Supreme Court. Sikri and Justice N.V. Ramana has re-iterated the view in Anil Kumar case and held that a magistrate cannot order further investigation against a public servant without previous sanction of Government. Interestingly, in a judgment dated 8th September 2016 in N.C Sivakumar Vs State, Justice Anand Byrareddy, while referring to Anil Kumar case, observed that the said judgment had ignored settled principles established by earlier judgments of the apex court, rendered by larger benches.

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