NEW DELHI: In a significant ruling relating to Prevention of Corruption Act, Supreme Court has said that the shield of prior sanction from higher authorities to prosecute a public servant is not available if they are caught demanding bribes. The court stressed that the statutory protection is meant only to prevent persecution of officials for decisions made in discharge of their duties.The ruling was given by a bench of Justices SVN Bhatti and N V Anjaria while interpreting Section 17A of the Act, which was inserted in the statute in 2018 and prohibited police or investigating agencies from conducting without official approval any inquiry or investigation into alleged offences committed by public servants while discharging their duties.Dismissing an appeal by a Rajasthan police constable challenging an FIR and chargesheet against him for allegedly demanding a bribe of Rs 1.5 lakh, the bench said the Section 17A shield cannot have an omnibus application to all public servants facing prosecution for criminal offences.
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“The act of demanding a bribe is a pure criminal act, not connected with official functions and not relatable to or having any linkage with recommendation or decision of the appellant in his capacity as public servant,” the bench said, accepting the arguments of Rajasthan additional advocate general Sansriti Pathak.Writing the judgement, Justice Anjaria said, “In the facts and circumstances of the case, therefore, the act of the appellant does not fall within the protective umbrella of Section 17A of the Act. It could not be said that the proceedings were vitiated for want of sanction.”