Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | public servant criminal Trial Bribery and forgery legality of trial |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Trial—Bribery and forgery—Public Servant, tried by Sessions Judge—Legality of trial—Accused permanent servant of Assam Government loaned to Central Government— Sanction by Central Government, validity of-—Criminal Law Amendment Act, 1952 (46 of 1952), ss. 7, 10—Code of Criminal Procedure, 1898 (Act of 1898), 38. 197, 213—Prevention of Corruption Act 1947 (2 of 1947) s. 6.The appellant was in the permanent service of the Assam Government but his services were lent to the Central Government. At the relevant time, i.e, December 1945 to September 1946, he was posted at Kanpur as Deputy Iron & Steel Controller. In connection with the granting of permits to certain persons charges under ss. 120B, 161, 165 and 467 Indian Penal Code, and under r. 473(3) read with r.472, Defence of India Rules were levelled against him. Sanction for his prosecution was granted by the Central Government on January 31, 1949, and a charge sheet was submitted against him. On March 1, 1952, the appellant ‘was committed to the Court of Sessions for trial. The trial commenced on May, 7, 1953, and the Sessions Judge convicted the appellant of all the charges. On appeal the High Court upheld the conviction under ss. 161 and 467 Indian Penal Code and set aside the conviction on the other charges. The appellant contended (i) that the trial by the Sessions Judge was illegal as after the coming into force of the Criminal Law Amendment Act, 1952, on July 28, 1952, he could only be tried by a Special Judge, and (ii) that the sanction granted by the Central Government was invalid and of no avail as sanction for the prosecution of the appellant could only be granted by the Assam Government in whose permanent employment the appellant was. Held, that the Sessions Judge had jurisdiction to hold the trial and it was not required that the appellant should have been tried by a special Judge. Though s.7 of the Criminal Law Amendment required all offences under ss.161 and 165 Indian Penal Code to be tried by a Special Judge, the section was only prospective and did not provide for transfer of all pending cases. Under s.10 of the Act only such cases triable by a Special Judge under s.7 as were actually pending before any Magistrate immediately before the commencement of the Act could be transferred to the Special Judge. ‘The case against the appellant having already been committed to the Sessions was no longer pending before the Magistrate. The mere fact that the Magistrate still had power, under s.216 of the Code of Criminal Procedure, to summon witnesses for the defence and bind them to appear before the Court of Sessions, did not imply that his jurisdiction to deal with the merits of the case continued. Held, further that though the sanction granted by the Central Government was a good sanction under s, 197 of the Code of Criminal Procedure it was not a valid sanction under s.6 of the Prevention of Corruption Act. At the time when the sanction was granted the appellant was in the permanent employment of the Assam Government but he was employed in the affairs of the Federation. Under s.197, in cases of persons employed in connection with the affairs of the Federation the Governor-General was the authority to grant the sanction and in cases of persons employed in connection with the affairs of the States it was the Governor. Under s.6 of the Corruption Act the position was different. Clauses (a) and (b) of the section dealt with persons permanently employed in connection with the affairs of the Federation or of the Provinces and in regard to them, the appropriate authorities were the Central Government and the Provincial Government. The word “employed” in cls.(a) and (b) referred to employment of a permanent character. The case of a public servant whose services were loaned by one Government to another fell under cl.(c) under which sanction could be granted by the authority competent to remove him from his service. The authority competent to remove the appellant from his service was the Assam Government and that Government alone co:ild have granted a valid sanction for the prosecution of the appellant. Accordingly the trial of the appellant for offences under ss. 161 and 165 was without jurisdiction. Held, further that the conviction of the appellant for the offence under s.467 could not stand as it was based entirely upon the uncorroborated testimony of accomplices. |
Judge | Honble Mr. Justice P.B. Gajendragadkar |
Neutral Citation | 1962 INSC 113 |
Petitioner | R.r. Chari |
Respondent | State Of U. P. |
SCR | [1963] 1 S.C.R. 121 |
Judgement Date | 1962-03-28 |
Case Number | 46 |
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