Supreme Court rules that public servant cannot be summoned without mandatory sanction under the Prevention of Corruption Act during trial in a bribery case. The Punjab and Haryana High Court upheld the decision to dismiss an appeal by the Punjab government in a case involving a doctor allegedly seeking a bribe. The court emphasized the importance of following legal procedures, stating that courts cannot take cognizance against a public servant without the required sanction.
The High Court quashed the summons issued against the doctor, highlighting flaws in the prosecution’s process during the trial. The bench clarified that obtaining sanction under the Prevention of Corruption Act is mandatory before moving an application under the Criminal Procedure Code. The Punjab government argued against the need for sanction, but the court stressed the significance of following legal requirements.
Published 17 July 2024, 14:44 IST