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Showing posts with the label Jharkhand High Court

Prior Prosecution Sanction Not Mandatory for Personal Illegal Acts of Public Servants: Jharkhand High Court

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Introduction In a significant ruling clarifying the scope of protection available to public servants, the Jharkhand High Court has held that prior prosecution sanction under Section 197 of the Code of Criminal Procedure (CrPC) is not mandatory where the alleged acts of a public servant are personal, illegal, and unconnected with official duty . The judgment came while dismissing a petition filed by IAS officer Pooja Singhal , who had challenged the cognisance taken against her in a money laundering case. Background of the Case The Petitioner Pooja Singhal , a 2000-batch IAS officer , currently serving as Secretary (Information & Technology), Jharkhand. Formerly served as Deputy Commissioner, Khunti district . Allegations The Directorate of Enforcement (ED) alleged large-scale defalcation of government funds under MNREGA projects . Audit reports suggested embezzlement of ₹18.06 crore during the period February 2009 to July 2010 , when Singhal was the principal authority sanction...

Jharkhand High Court Orders Probe and ₹1.5 Lakh Compensation in Alleged Custodial Thrashing of JLKM Leader

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Introduction In a significant reaffirmation of constitutional safeguards against custodial violence, the Jharkhand High Court has ordered a comprehensive probe and directed the immediate payment of ₹1.5 lakh as compensation to Jharkhand Loktantrik Krantikari Morcha (JLKM) leader Tarun Kumar Mahato , who was allegedly subjected to custodial thrashing by the police. The Court emphasised individual accountability of erring police officials , reinforcing the principle that custodial torture is a grave violation of fundamental rights . Background of the Case Arrest and Alleged Custodial Torture Date of Arrest : Night of November 28 Police Station : Ichagarh Police Station, Seraikela-Kharsawan district Allegation : Severe physical assault while in police custody Reason for Arrest : Dispute related to alleged illegal mining and transportation of sand Following his arrest, Tarun Kumar Mahato reportedly sustained serious injuries and has since been undergoing treatment at Seraikela Sadar Hos...