2001 (7) TMI 1298 - SC - Indian Laws

Summary

Issues Involved:
1. Requirement of sanction u/s 197 of the Code of Criminal Procedure, 1974 for prosecution.
2. Connection between the alleged acts and discharge of official duty.

Summary:

1. Requirement of Sanction u/s 197 of the Code of Criminal Procedure, 1974:
The primary issue in this appeal was whether sanction u/s 197 of the Code of Criminal Procedure, 1974 was necessary for prosecuting the appellant, who was the then Secretary of Rural Development Department, Government of Sikkim. The Sikkim High Court and the Special Judge had both held that no such sanction was required. The appellant contended that his actions had a reasonable connection with the discharge of his official duties, thus necessitating sanction for prosecution. However, the prosecution argued that the acts of conspiracy alleged against the appellant had no connection with the discharge of official duty, and therefore, no sanction was required.

2. Connection Between the Alleged Acts and Discharge of Official Duty:
The Court examined various precedents to determine the scope and meaning of the relevant words in Section 197 of the Code. It was emphasized that there must be a reasonable connection between the act and the official duty for the protection u/s 197 to apply. The Court cited several cases, including *Hori Ram Singh v. The Crown* and *Matajog Dobey v. H.C. Bhari*, to illustrate that the act must be integrally connected with the official duty. The Court concluded that the question of whether the appellant's actions were in the discharge of his official duty could be examined during the trial. The appellant claimed that the contracts were awarded lawfully and not at low rates, which needed to be established during the trial.

Conclusion:
The appeal was dismissed, but the Court observed that the question of sanction should be examined afresh during the trial. The trial court was directed to deal with this issue in the main judgment, considering the law laid down in this case without being influenced by the observations in the impugned orders.