Supreme Court Upholds Sanction Prerequisite for Public Servants' Prosecution

The Supreme Court ruled that prior government sanction is necessary to prosecute public servants for alleged money laundering activities in their official capacity. This decision dismissed an ED plea challenging a high court's ruling that had quashed charges against two Andhra Pradesh IAS officers. The ruling underscores the protection offered to officials under Section 197(1) of CrPC.

The Supreme Court has reaffirmed that public servants accused of money laundering while executing official duties cannot be prosecuted without a prior government sanction. The decision supports a Telangana High Court judgment setting aside charges against two Andhra Pradesh bureaucrats.

Highlighting Section 197(1) of the CrPC, the Court emphasized that this provision shields honest public servants, ensuring no court takes cognizance of alleged offences without government approval.

The ruling holds that the Prevention of Money Laundering Act cannot override CrPC's protection, thereby rejecting Enforcement Directorate's plea against the high court's decision protecting IAS officers Bibhu Prasad Acharya and Adityanath Das.