The Karnataka High Court.
Credit: DH File Photo
Bengaluru: It is not necessary for the police officer to seek approval from the competent authority in a private complaint under Section 17A of the Prevention of Corruption (PC) Act, the High Court has held.
“It is the complainant, whomsoever it is, should discharge the duty of seeking approval from the hands of the competent authority, a caveat, only in a private complaint registered under Section 200 of the CrPC or under Section 223 of the BNSS,” Justice M Nagaprasanna said.
Chief Minister Siddaramaiah’s petition challenging the approval given by the Governor argued that Section 17A clearly mandates that it is the police officer alone who should seek approval from the competent authority as the language in Section 17A is couched with the word “that no police officer shall conduct any enquiry or inquiry or investigation”.
The court noted that if the criminal law can be set into motion by any person, inclusive of offences under the PC Act, a vacuum will be created when a private citizen approaches the jurisdictional police or the Lokayukta seeking to register a complaint and no action is taken. When no action is taken on the complaint, the complainant would be left with no choice, but to approach the magistrate or the special court.
“It is necessary that whoever complains against a public servant by registering a private complaint, it is his burden to seek approval from the hands of the competent authority before the matter is referred under Section 156(3) of the CrPC or Section 175 of the BNSS, failing which the protective filter to a public servant would have no meaning,” Justice Nagaprasanna said.
The court said that pursuant to the judgement in the case of Dr Ashok vs state of Karnataka, the high court had issued a circular to all the concerned courts, for implementation, of the directions in regard to procedure to be followed under Section 17A in case of a private complaint.