Valid Sanction Required for Prosecuting a Public Servant
In Vinod Chandra Semwal v. Special Police Establishment, the Supreme Court of India reaffirmed the principle that a valid government sanction is a mandatory prerequisite for prosecuting a public servant for certain offences under the Prevention of Corruption Act, 1988 (PC Act) and the Indian Penal Code, 1860 (IPC).
Factual Background and History
The Special Police Establishment sought to prosecute the appellant, a public servant, for offences under the PC Act and for criminal conspiracy under the IPC. The agency requested the necessary sanction from the government as required by Section 19 of the PC Act and Section 197 of the Code of Criminal Procedure, 1973.
Despite the government’s refusal to grant sanction, the prosecuting agency filed a charge sheet against the appellant.
Following the submission of the charge sheet, the case progressed through the courts as follows:
- The Special Vigilance Judge correctly refused to take cognizance of the charges, citing the absence of the required sanction.
- The prosecution challenged the trial court’s decision before the High Court of Madhya Pradesh. The High Court reversed the trial court’s order, allowing the prosecution to proceed.
Supreme Court’s Decision
The appellant appealed the High Court’s decision to the Supreme Court. The Supreme Court allowed the appeal, setting aside the High Court’s order and restoring the trial court’s original decision.
The Court held that taking cognizance of the charges without a valid sanction was impermissible. The prosecution was, however, permitted to continue its investigation against other accused persons in the case.
