Must Read

Delhi HC clarifies section 17A meaning

By IndianMandarins- 30 Jan 2019
245

delhi-hc-clarifies-section-17a-meaning

The Delhi High Court has recently ruled that when the act of a public servant is ex-facie criminal or constitutes an offense, prior approval of the Government as mandated under Section 17A of Prevention of Corruption Act would not be necessary.

 

This ruling was made by Justice Najmi Waziri while hearing the petitions filed by CBI Officers Rakesh Asthana And Devender Kumar for quashing the FIR registered by CBI against them.

 

They were accused of taking Rs. 03 crores in bribe from businessman Sathish Babu Sana to sabotage a money laundering investigation against meat exporter Moin Qureshi.

 

The petitioner Rakesh Asthana has impugned the registration of the 2018 FIR primarily on two grounds: first, it is in breach of Section 17A of PC Act, which requires prior sanction/ permission from the Government of India before registration of the FIR and second, it is actuated by malice of then CBI Director Alok Verma against the petitioner.

 

However, the Additional Solicitor General submitted on behalf of the CBI that permission under section 17A of Prevention of Corruption Act, 1988 was not at all warranted because the allegations in the complaint, on the basis of which the FIR has been registered after due process, cannot be said to be in discharge of the official functions or duties of the officers against whom allegations have been made.

free stat counter

Indianmandarins.com, an initiative of New Media Network, is a multi-media initiative for the fast and real-time dissemination of news and information related to civil services, central PSUs and other institutions that play a critical role in governance, administration, corporate governance, and public life in India. We aspire to provide our esteemed readers with news breaks and situation analysis in the above-mentioned domain of operations. Currently, we are available at www.indianmandarins.com. We are now planning to branch off into print publication and few other related business initiatives.