In a crucial ruling, the Supreme Court has underscored that courts cannot proceed against public servants under the Prevention of Corruption Act without prosecution sanction, even when summoning additional accused under Section 319 of the CrPC.
The bench, including Justices Sudhanshu Dhulia and Prasanna B Varale, emphasized that the mandatory requirement of Section 19 of the PC Act must be adhered to before taking cognizance of offenses by public servants. This prerequisite applies universally, regardless of whether the action is initiated through Section 319 Cr.P.C. (now Section 358 of BNSS).
In the case at hand, the trial court allowed an application under Section 319 CrPC filed by the Public Prosecutor without considering the necessity of sanction. The High Court reversed this decision, citing the oversight of the mandatory requirement. The State’s argument that sanction was unnecessary since cognizance was taken under Section 319 CrPC was rejected by the Supreme Court.
Drawing on the precedent set in Surinderjit Singh Mand v. State of Punjab, the Supreme Court affirmed that the absence of sanction invalidates the procedure. Consequently, the trial court’s failure to follow the correct protocol led the Supreme Court to uphold the High Court’s decision and dismiss the appeal.
