Prior nod to probe bribe demand by police personnel not needed under anti-graft law: Supreme Court

A view of Supreme Court of India. File | Photo Credit: The Hindu

“A prior approval to investigate an alleged bribe demand by a public servant is not needed under the Prevention of Corruption (PC) Act as the act is unconnected with the discharge of official duties, which is protected under the law,” the Supreme Court has said.

The significant observation was made by a Bench of Justices S.V.N. Bhatti and N.V. Anjaria in its judgment delivered on October 16, by which it dismissed a Rajasthan police constable's appeal challenging the framing of a corruption charge against him.

Writing the judgment for the Bench, Justice Anjaria upheld the Rajasthan High Court's decision refusing to interfere with the trial court's order framing a charge under Section 7 of the PC Act against constable Tejaram.

Section 7 of the PC Act, as amended in 2018, punishes public servants who accept, obtain or attempt to obtain an undue advantage to improperly or dishonestly perform a public duty.

The Supreme Court rejected the constable's defence that a prior approval for an inquiry or investigation into certain offences linked to decisions or recommendations made by public servants in the discharge of their official functions under Section 17A of the PC Act was not taken by the investigating agency.