NEW DELHI: In a significant ruling to protect public servants discharging their duties, the Supreme Court has held that the protection provided to them, which prevents prosecution without government’s prior sanction, would apply even in cases where officials exceed their official powers. The court stated that excessiveness alone cannot strip them of this safeguard.
A bench of Justices B V Nagarathna and Satish Chandra Sharma said a plain reading of Section 170 of the Police Act reveals that the legislature has sought to afford a statutory safeguard to certain public functionaries, and if any offence is alleged to have been committed by such officials while discharging their duties then no court shall entertain any prosecution or suit against them without govt’s prior sanction.
“Importantly, the protective umbrella of Section 170 is not confined solely to acts strictly within the bounds of authority but extends to acts done ostensibly in excess of such authority, so long as there exists a reasonable nexus between the act complained of and the discharge of official functions,” the bench said, while accepting the plea of senior advocate Rahul Kaushik who submitted that even the offence of use of excessive power by public servant would fall within the ambit of Section 170 for which sanction was needed.
The safeguard under Section 197 of the CrPC and Section 170 of the Police Act is limited. It applies only if the alleged act is reasonably connected to the officer’s official duties. The law does not offer protection if the official role is used as a mere excuse to commit wrongful acts. However, it was held that the protection of prior sanction will be available when there is a reasonable connection between the act and the duty.
“While enunciating when the protection of prior sanction will be applicable, this court has held that even if a police officer exceeds his official powers, as long as there is a reasonable connection between the act and his duty, they are still entitled to the protection requiring prior sanction. Excessiveness alone does not strip them of this safeguard,” the court said.
The court was hearing pleas of police officials challenging their prosecution on the ground that sanction was not taken before initiating criminal proceedings against them for abusing their official power and assaulting a person. Noting that the person who filed the complaint was himself a rowdy-sheeter and was being probed in various cases, the court said it was part of the official duty of police officials and sanction was needed.
“ …any action undertaken by a public officer, even if in excess of the authority vested in them or overstepping the confines of their official duty, would nonetheless attract statutory protection, provided there exists a reasonable nexus between the act complained of and the officer’s official functions,” the bench said and granted them relief.
