HC: No need for sanction to prosecute public servants

HC: No need for sanction to prosecute public servants

HC: No need for sanction to prosecute public servants
The Karnataka High Court on Thursday said that a sanction order is “not warranted” to prosecute government servants in a private complaint. Justice Anand Byrareddy  dismissed a batch of criminal petitions filed by the commissioner and engineers of the Hassan Urban Development Authority who had sought quashing of the Lokayukta proceedings against them for want of a sanction order.

Justice Byrareddy said that the Lokayukta court in Hassan will proceed with the probe. The judge in his order said: “When the court merely refers the complaint for investigation, the court does not take cognizance, hence the need for sanction is not warranted. The bar is for the court to take cognizance and without a sanction, it cannot be construed that even the very receipt of a complaint is barred.” (sic)

The order said the dictionary meaning assigned to the expression “cognizance” has been misapplied in ignoring settled principles established by earlier judgements of the Supreme Court.
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