Introduction
In a recent ruling in the matter of prosecution of public servants involved in alleged corruption, the Rajasthan High Court recently reiterated the legal boundaries with regards to the same. The Hon’ble High Court held that the recovery of Rs. 2.3 Cr. in cash and a gold bar from a government officer’s residence is not an act which is done in ‘discharge of official duty’. This decision has considerable implications on the prosecution of public servants as based on the Prevention of Money Laundering Act (PMLA), 2005.
Case Background
The decision came in the backdrop of facts wherein enforcement officials conducted a search at the residence of the petitioner and confiscated about 2.3 CR rupees in cash and a gold bar which is worth Rs. 61 Lakh. After this discovery, the petitioner, a public servant, was charged under the PLMA. The prosecution was challenged by the petitioner, arguing that the position he holds as a public servant warrants protection against legal proceedings and the same should not proceed without the mandated prior government sanction under Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The Rationale of The Court
The Hon’ble Judge presiding over the matter reiterated the idea that protections provided in section 218 applies strictly to acts which have been performed while on official duty. The court propounded that the possession of unaccounted cash and gold did not correlate with any official functions performed by the petitioner. The Hon’ble Justice stated that the allegations consisted of possession of disproportionate assets which diverged completely from any legitimate official duties and thus negated the necessity for the prior approval of the government before commencement of prosecution.
The ruling of the High Court emphasised that the protections provided by the statues should not extend to illicit activities. Further, by establishing clear distinction between official duties and personal misconduct, the ruling of the court serves as a deterrent against corruption within public offices.
Implications of the Ruling
The decision of the High Court does not merely allow for the prosecution of the petitioner without prerequisite sanction, it also sets a precedent for similar future cases. The ruling shall send a strong message to the public servants who try to hide behind such statutory provisions, that illegal behaviour will not be tolerated and that accountability is supreme.
Conclusion
To conclude, it can be said that the recent ruling by the Rajasthan High Court represents a landmark decision in the fight against corruption. By way of clarifying the scope of legal protections given to the public officials, the decision reiterates the importance of accountability and integrity.
About Author
Anwita Mishra, a law student at Maharashtra National Law University, Mumbai, is an emerging legal writer with a keen interest in the changing dynamics of law. Deeply passionate about Media Law, Constitutional Law, and Family Law, she engages with contemporary legal developments through insightful research and writing.