New Delhi: The Supreme Court has said that sanction to prosecute a public servant is not required if the alleged offence was committed when he was not discharging official duty.
A Bench of Justices J.S Khehar and C Nagappan upheld the settled law and dismissed the appeal of two senior Punjab Police officials who had contended that a criminal case pending against them cannot be proceeded in the absence of sanction to prosecute them.
The Court was hearing appeal of Deputy Superintendents of Punjab Police, S.S Mand and P.S Parmar, who were accused of illegally detaining one Neeraj Kumar in a vehicle theft case for four days without formally arresting him.
“Therefore, in the peculiar facts and circumstances of this case, based on the legal position declared by this Court …., we are of the considered view that sanction for prosecution of the accused (cops) in relation to the detention of Neeraj Kumar for the period 24th from June, 1999 to 28th June, 1999, would not be required.
“We therefore hereby, endorse the conclusions drawn by the High Court to the above effect,” the Bench said.
The two cops, who were posted in Punjab’s Kapurthala District in 1999,