Engineers' association challenges sanction to prosecute babus

NAGPUR: The Engineers Welfare Association has approached Nagpur bench of Bombay high court, challenging the constitutional validity of amendment to Section 156(3) and 190 of Code of Criminal Procedure (CrPC) by the state government. The amendment allows for ‘deemed sanction’ if a decision is not taken by the competent authority to prosecute a public servant.
A division bench comprising justices Sunil Shukre and Pushpa Ganediwala on Wednesday issued notices to respondents, including advocate general, state water resources and home departments, Anti-Corruption Bureau’s (ACB) director general, and state law ministry’s secretary, asking them to reply in four weeks. Assistant government pleader MK Pathan waived off notices for the government.
Through counsels Shyam and Sahil Dewani, the petitioner contended that the law provides protection from frivolous prosecution of public servants by making provision for mandatory prior sanction by competent authorities. However, the amendment would defeat this purpose by stating that if the decision is not taken within a stipulated period, there will be deemed sanction to prosecute the public servant.
According to them, making such provision will lead to authorities preferring not to take any decision. The authorities would prefer not to take the trouble of applying their mind to investigating agency’s evidence, passing a reasoned order, and subject it to judicial scrutiny.
The engineers’ body and another petitioner Umashankar Parvate argued that the second provision added by the government is contrary to settled position of law laid down by the SC. Consequently, such amendment is liable to be struck down as it is unconstitutional and against SC rulings, they said.
(Inputs from Aarohi Rode)