Sanction required for probe against public servants: Cal HC

The Calcutta High Court has upheld a lower court order that sanction is required for holding investigation against public servants, rejecting a revisional application by a senior retired IPS officer seeking probe against chief minister Mamata Banerjee and senior officers who were at the helm in 2012 when the issue of his promotion was decided.

Claiming that he was illegally deprived of a promotion to the rank of DGP from that of additional DGP, the retired police officer, Nazrul Islam, in the application before the Chief Metropolitan Magistrate, Kolkata, had prayed for probe against them under sections of IPC that deal with public servant disobeying law with intent to cause injury to any person, public servant framing an incorrect document with intent to cause injury, making false documents and forgery. Nazrul Islam had sought a probe against the officers, including the then home secretary, chief secretary and director general of police (DGP).

The petitioner claimed in his prayer that the chief minister had not given due consideration to his complaint to her against the members of the screening committee that allegedly deprived him of the promotion. He alleged that the officers had conspired against him. The high court, in its order on January 25, said that it is of the opinion that as the provision of Section 197 of the Code of Criminal Procedure has been incorporated in the statute, the same has been for a meaningful purpose of allowing the public servants to discharge their duties without fear or favour or without any anticipation of being harassed because of the rigours of law. ''Therefore, ordinarily a valid sanction would be required in a proceeding where the provisions of Section 156(3) (police's power to investigate cognisable cases) Cr.P.C. are invoked against public servants,'' Justice Tirthankar Ghosh said in the order.

Observing that in this case substantive offences as alleged have not been made out, so the issue of sanction is an additional consideration.

''Accordingly there is no illegality in the order dated 27.09.2013 passed by the learned Chief Metropolitan Magistrate, Calcutta and as such no interference is called for. Hence, the Revisional Application fails,'' the court said.

The Magistrate had observed that no offence under the said sections was committed by the opposite parties and also observed that even if it is presumed that the offences were committed, the sanction would be required under Section 197 of the Code of Criminal Procedure.

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