Immunity for public servants not to shield the corrupt: SC

The Supreme Court has outlined the scope of immunity granted to public servants, making it explicit that the requirement of prior sanction to prosecute them is "not a shield for corrupt practices" and that the immunity cannot be misused by public servants to camouflage illegal acts as duties performed under the colour of their office.

- Utkarsh Anand

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.