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