Overturns trial court order framing charges without sanction
Srinagar: The sanction to prosecute a public servant having abused official position is necessary under provisions of Prevention of Corruption Act, the J&K high court held while overturning an order of Budgam trial court who had framed corruption charges against Zonal education officer in absence of sanction for prosecution from competent authority.
The court said, “The present case involves the conduct of the petitioner as a public servant for having abused his official position for which the sanction to prosecute is necessary under the provisions of Prevention of Corruption Act. Therefore, the prosecution launched for the offences under RPC cannot be resorted to for avoiding the necessary sanction as per the principle of law emerging from the judgement of the Apex Court supra.”
The court observed that sanction is not a mere adherence to the laws but intended to act as a shield to a public servant when prosecuted for an offence which puts his honesty and integrity at stake. Prosecution will not be in accordance with law where sanction is required but is given a go by and in that context it will affect the jurisdiction of the Court to take cognizance.