Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Water (Prevention and Control of Pollution) Act 1974 – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Water (Prevention and Control of Pollution) Act, 1974 – ss. 43, 44, 47 and 48 – Code of Criminal Procedure, 1973 – s. 197 – Gram Panchayat and the appellant, who at the relevant time was chief officer of said Gram Panchayat, were accused of having committed offences punishable u/ss. 43 and 44 of the 1974 Act – Civil Judge (Junior Division) and Judicial Magistrate First Class found appellant guilty of the offences – However, the Additional Session Judge held that the appellant was entitled to protection u/ s.197 of Cr.P.C. and in the absence of requisite sanction, his prosecution was invalid – The High Court set aside the view taken by the lower Appellate Court and since the matter was not considered by the lower Appellate Court on merits, the High Court remitted the matter back to the lower Appellate Court for fresh consideration on merits – On appeal, held: If the concerned public servant happens to be a chief officer or commissioner of a Municipal Council or Town Panchayat, he cannot strictly be called “the Head of the Department of the Government”– Therefore, in terms of decision of this Court in Karnataka State Pollution Control Board v. B. Heera Naik, the matter would not come u/s. 48 of the Water Act – But the matter would come directly u/s. 47 of the Water Act – According to said decision, even in such cases, the deeming fiction available u/s. 47 of the Water Act would dis-entitle the public servant from the protection u/s. 197 of the Code – Therefore, the High Court was right and justified in setting-aside the decision of the lower Appellate Court, which was purely based on the issue of the applicability of s.197 of the Cr.P.C. – In the circumstances, the High Court rightly remitted the matter to the lower Appellate Court to be considered afresh on merits. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2021 INSC 330 |
Petitioner | Noorulla Khan |
Respondent | Karnataka State Pollution Control Board & Anr. |
SCR | [2021] 7 S.C.R. 243 |
Judgement Date | 2021-07-13 |
Case Number | 599 |
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