Calcutta High Court said that under section 156 (3) of the code of criminal procedure, Prior sanction is necessary to prosecute public servants before initiation of investigation.A revision petition by a former IPS officer Nazrul Islam seeking a probe against chief minister Mamata Banerjee and senior officials who held top posts in 2012 and upheld the order of trial court which held that sanction is required to initiate investigation against public servants.
The former IPS officer Nazrul Islam alleges that he was illegally denied promotion from additional DGP to the post of DGP. the former IPS officer had applied in the court of chief metropolitan magistrate Kolkata to initiate investigation against the top officials under various section of Indian Penal code. The former IPS officer had demanded an enquiry against officials including the then chief secretary.Home secretary and Director General of Police The petitioner had alleged that the Chief Minister didn't pay due attention to his Complaint against the members of screening committee.which denied promotion.Petitioner IPS officer alleges that the authorities had hatched a conspiracy against him.
The Calcutta High Court has observed that the provision of section 197 of the criminal procedure code which is prescribed for prior sanction. Its objective is to enable the public servants to discharge their duties without fear or favour and thus it must be compiled before the probe can be started.
Justice Tirthankar Ghosh observed that keeping this subject in view through which the petitioner has tried to invoke the provision of section 156(3) criminal procedure code against public servants.
The court is of the opinion that the provision of section 197 has been incorporated as law in the criminal procedure code.It serves a worthwhile purpose to allow public servant to discharge their duties without fear or favour and without any apprehension of being troubled by the rigors of law So, usually a proceeding would require valid sanction where the provision of section 156(3) criminal procedure code are applicable against public servants.This is given that genuine offences have not been committed in this case.so the issue of sanction is a additional consideration.
Accordingly, there is no illegally in the order passed by the Learned Chief Metropolitan magistrate, the court said, hence no intervention is required. The magistrate had observed that no offence under the said sections was committed by the opposite parties.And it was observed that even if it is assumed that the offences were committed, prior sanction under section 197 of the criminal procedure code would be required.
