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Showing contexts for: SUBRAMANIAN SWAMY in Indra Devi vs The State Of Rajasthan on 23 July, 2021Matching Fragments
8. Learned counsel for Respondent relied upon the judgments of this Court in B. Saha & Ors. Vs. M.S. Kochar2 and State of Maharashtra Vs. Dr. Budhikota Subbarao3 to contend that Section 197 of the CrPC ought to be read in a liberal sense for grant of protection to the public servant with respect to actions, which though constitute an offence, are “directly and reasonably” connected with their official duties.
9. We have given our thought to the submissions of learned counsel for the parties. Section 197 of the CrPC seeks to protect an officer from unnecessary harassment, who is accused of an offence committed while acting or purporting to act in the discharge of his official duties and, thus, prohibits the court from taking cognisance of such offence except with the previous sanction of the competent authority. Public servants have been treated as a special category in order to protect them from malicious or vexatious prosecution. At the same time, the shield cannot protect corrupt officers and the provisions must be construed in such a manner as to advance the cause of honesty, justice and good governance. [See Subramanian Swamy Vs. Manmohan Singh4]. The alleged indulgence of the officers in cheating, fabrication of records or misappropriation cannot be said to be in discharge of their official duty. However, such sanction is necessary if the offence alleged against the public servant is committed by him “while acting or purporting to act in the discharge of his official duty” and in order 2 (1979) 4 SCC 177 3 (1993) 3 SCC 339 4 (2012) 3 SCC 64 to find out whether the alleged offence is committed “while acting or purporting to act in the discharge of his official duty”, the yardstick to be followed is to form a prima facie view whether the act of omission for which the accused was charged had a reasonable connection with the discharge of his duties. [See State of Maharashtra Vs. Dr. Budhikota Subbarao]5. The real question, therefore, is whether the act committed is directly concerned with the official duty.