Case Note & Summary
The petitioner, Sanjay Shivaji Dhapse, claiming to be the Ahmednagar District Head of All India Human Rights and Citizen Option and a Corporator, filed an application under the Right to Information Act, 2005 (RTI Act) on 2.1.2009 with Hindustan Petroleum Corporation Limited (HPCL) seeking information. HPCL asked him to send a demand draft of Rs.10, which he did on 24.1.2009. However, by communication dated 6.2.2009, the Senior Regional Manager and Central Public Information Officer (CPIO) of HPCL informed him that the information was not available on record and, being of commercial value, could not be provided. Aggrieved, the petitioner filed a complaint under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) before the Chief Judicial Magistrate, Ahmednagar, alleging offences under Sections 418, 420, 426, 468, 471, 120-B of the Indian Penal Code, 1860 (IPC) and Section 20 of the RTI Act. The Magistrate, by order dated 4.7.2009, issued process against the Senior Regional Manager and CPIO. The accused filed a revision before the Additional Sessions Judge, Ahmednagar, who by order dated 16.2.2010 dismissed the revision. The petitioner then filed the present criminal writ petition under Article 227 of the Constitution of India challenging both orders. The High Court framed the issue of whether prosecution could proceed without sanction under Section 197 CrPC. The petitioner argued that the RTI Act is a special Act and Section 20 thereof provides for prosecution without sanction. The respondents contended that the accused were public servants acting in official capacity and sanction was mandatory. The court analyzed Section 197 CrPC and held that the acts complained of were in discharge of official duty, and thus sanction was mandatory. The court further held that Section 20 of the RTI Act does not override the requirement of sanction under CrPC. Consequently, the court quashed the impugned orders and the complaint, allowing the petition.
Headnote
A) Criminal Procedure Code - Sanction for Prosecution - Section 197 CrPC - Public Servant - The court considered whether prosecution of a public servant for refusal to provide information under RTI Act requires sanction under Section 197 CrPC. Held that the acts complained of were in discharge of official duty, and thus sanction is mandatory; without it, the complaint and subsequent orders are liable to be quashed. (Paras 6-8) B) Right to Information Act - Prosecution - Section 20 RTI Act - The court examined the interplay between RTI Act and CrPC. Held that Section 20 of RTI Act does not dispense with the requirement of sanction under Section 197 CrPC for prosecution of public servants. (Para 7) C) Criminal Procedure Code - Complaint - Maintainability - Section 200 CrPC - The court held that a complaint under Section 200 CrPC against a public servant for acts done in official capacity is not maintainable without prior sanction under Section 197 CrPC. (Para 8)
Issue of Consideration
Whether the prosecution of a public servant (Senior Regional Manager and CPIO of HPCL) for alleged offences under the Right to Information Act, 2005 and Indian Penal Code, 1860 can proceed without prior sanction under Section 197 of the Code of Criminal Procedure, 1973.
Final Decision
The court allowed the petition, quashed the impugned orders dated 4.7.2009 and 16.2.2010, and dismissed the complaint as not maintainable for want of sanction under Section 197 CrPC.
Law Points
- Sanction under Section 197 CrPC is mandatory for prosecution of public servant for acts done in discharge of official duty
- Right to Information Act
- 2005 does not override CrPC requirement
- Complaint under Section 200 CrPC without sanction is not maintainable
