SC clears decks for prosecution of politicians

New Delhi, Dec 6 (UNI) In a decisive bid to check rampant corruption among public servants, both politicians and bureaucrats, the Supreme Court today held that no sanction is required for the prosecution of public servants facing allegations of accepting illegal gratification and indulging in corruption for their own benefit.

A bench comprising Justice Arijit Pasayat and Justice S H Kapadia in their 86-page judgement observed ''the principle of immunity protects all acts which the public servant has to perform in the exercise of the functions of the government. The purpose for which they are performed protects these acts from criminal prosecution.

However, there is an exception. Where a criminal act is performed under the colour of authority but which in reality is for the public servant's own pleasure or benefit, such acts shall not be protected under the doctrine of state immunity.'' The apex court, while dismissing the petitions of former Punjab Chief Minister Parkash Singh Badal, Union Railway Minister Lalu Prasad, his wife and former Bihar Chief Minister Rabri Devi, Kerala Chief Minister V S Achuthanandan, former Kerala Chief Minister K Karunakaran and Punjab Deputy Chief Minister Rajinder Kaur Bhattal challenging their prosecution on the grounds of being without sanction, held ''protection to public servants under section 19(1)(a) has to be confined to the realted criminal acts performed under colour or authority for public servants on pleasure or benefit as categorised under sections 7, 10, 11, 13 and 15. This is the principle behind the test propounded by the court, namely the test of abuse of office.'' The court also observed ''the word gratification is not restricted to pecuniary gratifications or to gratifications estimable in money. Thus, sections 8 and 9 are wider than sections 13(1)(d) and clearly constitute different offences.'' The court also rejected the plea of Badal to transfer his case to some other court.

Eds: Here pick up suitably from DI 10 LAW-SC-POLITICIANS TWO LAST NEW DELHI.

UNI AKS/SC PK GC1920