New Delhi. The Supreme Court has ruled that the ED must obtain approval before investigating and prosecuting public servants under the CrPC. A bench comprising Justice Abhay Oka and Justice Augustine George Masih rejected the petition of the Enforcement Directorate (ED), which had challenged the High Court decision. In the High Court decision, the order taking cognizance of the agency’s complaint (charge sheet) against two IAS (Indian Administrative Service) officers was set aside. The court held that the provisions of Section 197(1) of the CrPC are applicable to complaints under Section 44(1)(b) of the PMLA.
According to section 197(1) of the CrPC, if any public servant, judge or magistrate is charged with any offense committed by him in the discharge of his official duties, no court shall, without prior sanction, prosecute such offence. he. This approval is granted by the President on behalf of the Central Government and the Governor on behalf of the State Government. If the public servant is employed in the Central Government, then the approval shall be obtained from the Central Government only. If the public servant is employed in a state government, then approval must be obtained from the state government itself.
According to the CrPC, a special court can take cognizance of an offense under Section 3 after receiving a complaint from an officer under the Act. The court order means that the prior approval required under Section 197(1) of the CrPC must be obtained by a special court before taking cognizance of a money laundering offense under the PMLA.
The court said the purpose of section 197(1) of the CrPC is to protect public servants from prosecution for acts committed in the exercise of their duties. The Court further highlighted that in view of the intention behind the section, the application cannot be ignored unless there is a contradictory provision in the PMLA. The court said that in this case no such provision was found.
The court said that Article 197 (1) states that when a person, who is or was a judge, magistrate or public officer, cannot be removed from office without the sanction of the Government, is accused of any such offence, has committed by him in the performance of his duty, no court will take cognizance of such infraction without prior sanction. The apex court said the purpose of section 197(1) of the CrPC is to protect public servants from prosecution and ensure that they are not prosecuted for any mistake committed by them in the discharge of their duties.
The court said this provision is intended to protect honest and dedicated officers. However, this protection is not without conditions. They may be processed subject to prior approval from the relevant government.
The court said that considering the purpose of Section 197(1) of the CrPC, its applicability cannot be rejected unless there is a provision in the PMLA (Prevention of Money Laundering Act) overriding Section 197(1). . However, the top court said the ED can take action against the two senior IAS officers after obtaining prior sanction for prosecution.
