Case Note & Summary
The dispute arose from the dismissal of a writ application by Bharat Sanchar Nigam Limited and others, challenging their prosecution for lack of sanction under Section 197 of the Code of Criminal Procedure, 1973. A criminal complaint was filed against the appellants for engaging unregistered security guards, leading to the issuance of process against them. The appellants contested the prosecution on various grounds, including the applicability of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981, and the requirement of sanction under Section 197, Cr.P.C. The High Court ruled that the protection under Section 197 was not available to officers of government companies, even if they fell within the definition of 'State' under Article 12 of the Constitution. The appellants argued that they were public servants as they were appointed by the President of India and were removable only by the President. However, the court found that appellants nos.3 and 4 had ceased to be employees of the Indian Telecommunication Service after their absorption into the corporation, thus disqualifying them from claiming protection under Section 197. The court also noted that the status of appellant no.2 was unclear but left the question of his entitlement to protection open for trial consideration. The court emphasized the need for expediting the trial, which had been delayed since 2003, and directed its conclusion within a year. Ultimately, the appeal was dismissed.
Headnote
A) Criminal Procedure - Sanction for Prosecution - Applicability of Section 197 Cr.P.C. - Employees of public sector corporations are not entitled to protection under Section 197, Cr.P.C. - The court held that employees of public sector corporations do not qualify as 'public servants' under Section 197, Cr.P.C., thus sanction for prosecution was not required (Paras 3-15).
Issue of Consideration
Whether the appellants, as employees of a public sector corporation, were entitled to protection under Section 197 of the Code of Criminal Procedure, 1973.
Final Decision
The appeal was dismissed, affirming the High Court's ruling that the appellants were not entitled to protection under Section 197, Cr.P.C. The trial was directed to be expedited and concluded within one year.
Law Points
- Sanction under Section 197 Cr.P.C.
- Definition of public servant
- Prosecution of public servants
- Applicability of Cr.P.C. to public sector employees
