Now Reading: Delhi High Court clarifies sanction rule for former public servants
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Delhi High Court clarifies sanction rule for former public servants
The Delhi High Court has ruled that prior sanction is not needed to prosecute former public servants when a court took cognisance of the alleged offence before July 26, 2018. A Division…
The Story in Brief
The Delhi High Court has ruled that prior sanction is not needed to prosecute former public servants when a court took cognisance of the alleged offence before July 26, 2018. A Division Bench of Justices Navin Chawla and Ravinder Dudeja interpreted Section 19 of the Prevention of Corruption Act after a reference from a special CBI court.
The 2018 amendment applies to offences committed earlier if cognisance had not been taken by July 26, the court held. Its protection covers former officials and those no longer holding the relevant office. But cases already taken up before that date will not be reopened, and no fresh sanction is required.
The Indian Opinion
Claims that the ruling either gives former officials a free pass or makes the 2018 amendment meaningless are too broad. The court has drawn a date-based procedural line, not cleared anyone of wrongdoing. Sanction is a safeguard against weak prosecution, not immunity from trial. The practical test is simple: case records must show when cognisance was taken, and whether that date fell before July 26, 2018.
Sources (2): barandbench.com, livelaw.in
This story was synthesised by AI from the 2 sources linked above.
Updated: this story now draws on 2 sources.
