A view of the Supreme Court
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New Delhi: The Supreme Court said that a public servant can't be summoned on an application filed by the prosecution during the trial in a bribery case, if it is not accompanied with a mandatory sanction under the Prevention of Corruption Act.
A bench of Justices Sudhanshu Dhulia and Prasanna B Varale upheld the Punjab and Haryana High Court's order and dismissed an appeal by the Punjab government.
The High Court had quashed the summons issued by the trial court against a doctor, Pratap Singh Verka for allegedly seeking bribe from the complainant for admission of his jailed brother in the government hospital for treatment.
In the case, both the doctor and a ward attendant were arrested but the police filed the chargesheet only against the ward attendant.
However, during the trial, the special court issued summons against the doctor as the prosecution filed an application under Section 319 of the Criminal Procedure Code in view of the complainant's testimony that it was the doctor who had demanded and received bribe from him.
The bench, after going through the legal provisions and hearing the counsel, said it is a well settled position of law that courts cannot take cognizance against any public servant for offences committed under the PC Act, even on an application under section 319 of the CrPC, without first following the requirements of Section 19 of the PC Act.
The court also pointed out that the words and phrases used in Section 19(1) of the PC Act itself make it evident that the provision is mandatory in nature.
In the case, the bench said, "The correct procedure should have been for the prosecution to obtain sanction under Section 19 of the PC Act from the appropriate government, before formally moving an application before the court under Section 319 of CrPC. In fact, the trial court too should have insisted on the prior sanction, which it did not. In absence of the sanction, the entire procedure remains flawed".
In fact, the bench said, there is no dispute on the fact that the respondent is a ‘Public Servant’ as defined under Section 2(c) of the PC Act.
"Section 19 of the PC Act puts a bar on courts to take cognizance of an offence under Sections 7, 11, 13 and 15, without the previous sanction of the state government, central government or the competent authority, as the case may be," the court said.
The Punjab government, for its part, contended that there was no need for sanction as cognizance was taken in the court itself under Section 319 of the CrPC.