A change of opinion on the ‘same materials’ can’t be a ground for reviewing or reconsidering an earlier order refusing sanction for prosecution, says the Supreme Court
The Supreme Court (SC) has ruled that a government cannot overturn a decision of a previous government denying sanction to prosecute a tainted public servant under CrPC section 19 or 197 unless the investigating agency backs up its fresh request with new material.
The judgment that has come amid reports of a variety of scams mainly executed by the men in power says the requirement for sanction is meant to protect honest public servants from frivolous and vexatious proceedings.
Taking bribe or killing someone in a fake encounter isn’t a legitimate conduct by a public servant.
Thus, an aggrieved person can take a chance to prosecute the errant in a court of law. However, the issue of lack of sanction in such cases is always predominantly stressed by an accused.
SC rejected an appeal by the Himachal Pradesh government that contested a high court (HC) ruling that once sanction to prosecute a public servant for alleged bribery had been denied, it could not review that order unless there’s some more material to substantiate the charge.
This means that the power to grant or reject sanction by an appropriate authority in a given case must be based on a firm ground and that the sleuths must act prudently in making out an impeachable case against a public servant.
Ramdhan Sharma, owner of Leelawati Hospital, Ghumarwin, complained to the Himachal vigilance department that drug inspector Nishant Sareen demanded a bribe of Rs5,000 to allow him to run the hospital without checking by the drug authorities.
The state government in 2005 refused to grant sanction to prosecute Sareen. However, the subsequent government allowed the prosecution despite police not adding to the charge.
The decision was scrapped both by HC and SC. A change of opinion on the “same materials” can’t be a ground for reviewing or reconsidering an earlier order refusing sanction for prosecution, they said.
SC said in a case where fresh material has been collected by the investigating agency “subsequent” to the earlier rejection of sanction by a government, the authority can grant permission to prosecute tainted personnel. This reviewed decision, however, must be made on the basis of “fresh materials”, it said.
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