Supreme Court Rules: Prior Sanction Essential for Public Servant Prosecutions

The Supreme Court emphasized that prior sanction is mandatory for prosecuting public servants discharging official duties. This ruling came during the quashing of criminal proceedings against Suneti Toteja, an officer, who was accused without prior sanction, as required under Section 197 of the CrPC.

The Supreme Court has reaffirmed the necessity of obtaining prior sanction before prosecuting public servants acting in their official capacity. This decision came during the dismissal of criminal charges against Suneti Toteja, an officer at the Bureau of Indian Standards (BIS), accused of a criminal act without the required authorization.

Justices B V Nagarathna and Satish Chandra Sharma emphasized that the absence of sanction under Section 197 of the CrPC rendered the case invalid. Toteja, who was implicated in a sexual harassment case at the Food Safety and Standards Authority of India (FSSAI), had faced charges initiated without the necessary permission from her department.

The court criticized the previous judicial handling of the case, asserting that the action taken was erroneous due to the lack of required sanction for prosecution. It ruled in favor of Toteja, highlighting the failure of the Allahabad High Court to consider the prerequisite for official sanction, thus invalidating the proceedings.

(With inputs from agencies.)