The Supreme Court on Thursday quashed criminal proceedings against former Director General of Indian Council of Medical Research (ICMR) and others in an alleged corruption case on the ground that the Central Bureau of Investigation (CBI) had not taken a prior sanction of the competent authority to prosecute them.
A Bench of justices V Gopala Gowda and Amitava Roy quashed the order passed by trial court summoning them as accused in the case noting that the CBI had claimed in its charge-sheet that the alleged offences were committed by them in discharge of their official duty.
“In the instant case, since the allegations made against the appellants in the final report filed by the respondent that the alleged offences were committed by them in discharge of their official duty, therefore, it was essential for the learned special judge to correctly decide as to whether the previous sanction from the Central Government under Section 197 of CrPC was required to be taken by the respondent, before taking cognizance and passing an order issuing summons to the appellants for their presence,” the bench said.
The Bench also set aside the Allahabad High Court order which had dismissed the pleas filed by the persons against trial court's order summoning them as accused in the case. The Bench said, "it becomes clear that for the purpose of obtaining previous sanction from the appropriate government under section 197 of CrPC, it is imperative that the alleged offence is committed in discharge of official duty by the accused.”