Hindustan Times (Lucknow)

Litigation can’t be quashed due to erroneous sanction

RULING Permission is required to check frivolous cases filed against officials, but they cannot take advantage of the provision, says SC

- Bhadra Sinha bhadra.sinha@hindustant­imes.com

NEW DELHI: Criminal proceeding­s against government officials cannot be quashed midway if there is any error or irregulari­ty in granting sanction by the authority against the accused, the Supreme Court has said.

Holding that requiremen­t of sanction under the law is designed to check on frivolous and mischievou­s cases being filed against officials, a bench headed by Chief Justic e P Sathasivam said a government servant cannot take undue advantage of the provision.

Sanction is insisted upon so as to act as afilter t o kee p at bay any motivated or ill-founded prosecutio­n against a public servant. “..a criminal proceeding mid-course on ground of invalidity of the sanction order will not be appropriat­e unless the court can also reach the conclusion that failure of justice had been occasioned by any such error, omission or irregulari­ty in the sanction,” read the verdict overturnin­g Patna High Court’s two directives quashing criminal proceeding­s against two Bihar government officials.

The HC’s reasoning for such an order was that the sanction prosecutio­n against the officers was granted by the State’s Law ministry and not by their parent department.

The aggrieved employees had moved the HC challengin­g the maintainab­ility of the criminal proceeding­s stating the sanction against them was invalid in law.

Justice Ranjan Gogoi, who wrote the judgement noted, “Any error, omission or irregulari­ty in the sanction, which would also include the competence of the authority to grant sanction, does not vitiate the eventual conclusion in the trial including the conviction and sentence, unless of course a failure of justice has occurred.” “It is difficult to see how at the intermedia­ry stage a criminal prosecutio­n can be nullified or interdicte­d on account of any such error, omission or irregulari­ty in the sanction order without arriving at the satisfacti­on that a failure of justice has also been occasioned,” the bench held, directing the start of trial against the two officials. It ordered the trial’s conclusion.

The SC quoted from the criminal law and observed: “...specific provisions have been incorporat­ed in Section 19(3) of the Prevention of Corruption Act and in Section 465 of the Code of Criminal Procedure which, inter alia, make it clear that any error, omission or irregulari­ty in the grant of sanction will not affect any finding or order passed unless in the opinion of the court a failure of justice has been occasioned. This is how the balance is sought to be struck.”

 ?? ILLUSTRATI­ON: ABHIMANYU SINHA ??
ILLUSTRATI­ON: ABHIMANYU SINHA

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