Prior sanction nod is not a shield for the corrupt, says SC

NEW DELHI: 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.