A bench, comprising justices JB Pardiwala and Manoj Misra, emphasised that Section 197 of the Code of Criminal Procedure (CrPC), cannot be invoked to protect illegal actions and that immunity is not an instrument to cover up acts that are patently unlawful and unrelated to any legitimate exercise of official functions.
"The object behind the enactment of Section 197 CrPC is to protect responsible public servants against institution of possibly false or vexatious criminal proceedings for offences alleged to have been committed by them while they are acting or purporting to act in their official capacity...The provision must not be abused by public servants to camouflage the commission of a crime under the supposed colour of public office," held the bench.
It added that the benefit of the provision must not be extended to public officials who try to take undue advantage of their position and misuse the authority vested in them for committing acts which are otherwise not permitted in law. "In such circumstances, the acts committed must be considered dehors the duties which a public servant is required to discharge or perform...The purpose behind the enactment of Section 197 CrPC must not be to shield corrupt officials," the bench said.
هذه القصة مأخوذة من طبعة December 16, 2024 من Hindustan Times Noida.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.
بالفعل مشترك ? تسجيل الدخول
هذه القصة مأخوذة من طبعة December 16, 2024 من Hindustan Times Noida.
ابدأ النسخة التجريبية المجانية من Magzter GOLD لمدة 7 أيام للوصول إلى آلاف القصص المتميزة المنسقة وأكثر من 9,000 مجلة وصحيفة.
بالفعل مشترك? تسجيل الدخول
China building villages near Doklam in Bhutan: Sat data
NEW DELHI: China has built at least 22 villages and settlements over the past eight years within territory that has traditionally been part of Bhutan, with eight villages coming up in areas in proximity to the strategic Doklam plateau since 2020, according to satellite imagery.
Pollution back in deep red, fog alert in Delhi this week
NEW DELHI: Calm winds and cooler temperatures continued the sudden descent of Delhi's air into the \"severe\" category, as the air quality index (AQI) on Tuesday plunged to 433—the worst in nearly a month—blanketing the city in a toxic haze again.
67% sanitation workers from SC communities: Centre to LS
NEW DELHI: Two-thirds of sewer and septic tank workers (SSWs) in urban local bodies across India, surveyed by the Union government, come from Scheduled Caste (SC) communities, the Centre informed Parliament on Tuesday.
ONOP will test govt's ability to muster up two-thirds majority
NEW DELHI: The NDA government's ambitious plan for simultaneous national and state polls could be a test of its ability to muster the requisite numbers as it doesn't have a two-thirds majority needed to push through a Constitution amendment under Article 368 in the Lok Sabha.
'One election' bill tabled in House, may be sent to JPC
NEW DELHI: The Union government on Tuesday introduced in the Lok Sabha two bills aimed at ushering in simultaneous state and national elections amid loud protests by the Opposition taking the first step towards implementing sweeping changes in the way polls are conducted in the world's largest democracy.
MOVE AGAINST FEDERALISM, WILL ALTER BASIC STRUCTURE: OPPN
Opposition leaders on Tuesday launched a scathing attack on the bills introduced in the Lok Sabha that propose simultaneous elections to the Lower House and state assemblies, arguing that the legislation undermines federalism, violates the Constitution's basic structure, was introduced without adequate consultation with states and envisions an impractical scenario.
BJP govts to soon bring UCC in every state: Shah
NEW DELHI: The Uniform Civil Code (UCC) implemented by Uttarakhand is a model law that will be debated widely and then the Bharatiya Janata Party (BJP) governments will bring a common civil code in all states, Union home minister Amit Shah said on Tuesday as he accused the Congress of undermining the Constitution and promoting appeasement politics.
'Like Tendulkar is for cricket, Zakir Hussain was for classical music'
As the world of Indian classical music mourns Ustad Zakir Hussain, who died on December 15, few feel the loss as deeply as musician Aditya Kalyanpur.
WHY INDIA LOVES BRAND AYUSHMANN KHURRANA
Actor Ayushmann Khurrana is considered one of India's most relatable youth icons, something that is reflected in the diverse brands he endorses.
When Chay flew to Mumbai
Following their wedding on December 4, actor-couple Naga Chaitanya and Sobhita Dhulipala have opened up about their relationship for the first time.
