CBI court declines plea seeking directions on prosecution sanction against ex-Punjab DSP
Says according or declining prosecution sanction is a statutory duty of the competent authority and cannot be directed by the court
A CBI court in Chandigarh has declined the application of the Central Bureau of Investigation (CBI) seeking directions to the competent authority to take appropriate action on its pending request for prosecution sanction against Amroz Singh, the then DSP, Punjab Police, Zirakpur, accused in an alleged bribery case.
The court, in its order, said it cannot direct the competent authority to take a decision within a specified time as the decision to accord or deny sanction is a statutory function vested exclusively in the competent authority, which may independently apply its mind to the material before it.
The court further observed that it cannot take any action regarding the accountability of the competent authority for the alleged delay in taking the decision. The prosecution may approach the concerned quarter/authority for such grievance, if any.
The court also observed that issuing any direction to the competent authority to decide the CBI's proposal for prosecution sanction against the accused may create a kind of pressure upon the mind of the competent authority. To avoid any such impression of pressure on the mind of the competent authority, the court did not deem it appropriate to issue any such direction or record any such finding as prayed for by the CBI in the present application. Accordingly, the application filed by the CBI was dismissed.
The FIR dated April 5, 2021, was registered by the Central Bureau of Investigation, Chandigarh, against accused Anil Mor and others under Section 120-B of the IPC and Section 7A of the Prevention of Corruption Act, 1988 (as amended in 2018), on the basis of a written complaint alleging demand of undue advantage of Rs 50 lakh and acceptance of Rs 12.50 lakh by the accused persons from the complainant.
During the investigation, a trap was laid on April 6, 2021, wherein accused Anil Mor was caught red-handed while accepting Rs 10 lakh from the complainant.
During the post-trap proceedings, the involvement of other associates, including Amroz Singh, the then DSP, Zirakpur, also surfaced. The investigation was completed and challan was submitted.
A supplementary charge sheet was filed against Amroz Singh and Mandeep Singh, the then Reader to DSP, Zirakpur, under Section 120-B of the IPC and Sections 7 and 7A of the Prevention of Corruption Act, 1988.
The sanction, as required under Section 19 of the Prevention of Corruption Act, is awaited against accused Amroz Singh.
Counsel for the accused argued that the grant of sanction had already been declined to the CBI by the competent authority and that there was no occasion to pass any direction as desired by the CBI at this stage.
