Prior sanction from govt made compulsory
Mumbai : The state cabinet on Tuesday decided to amend the Criminal Procedure Code (CrPC) to make it compulsory for magistrates to see whether a prior sanction from the proper government authority has been obtained before ordering probe against public servants.
The cabinet decided to amend the articles 156 (3) and 190 (1) (G) of the CrPC. The decision has been taken in view of several false complaints being filed against public servants, a senior official from the CMO told FPJ.
The Supreme Court, in a case in 2013, had given clear directives in this regard. The decision to amend the CrPC has been taken according to the Supreme Court directives, the official said.
The magistrates were empowered to order probe against public servants under the articles 156(3) and 190 of the CrPC 1973 over a complaint.
After such orders police used to register complaints against them. But, then it was realised that several of such complaints were filed with mala fide or political intent. It was also observed that several of such complaints were baseless and they hamper the work of honest public servants.
Taking into account all these aspects, the state government has now decided to make it compulsory to obtain a valid prior sanction from appropriate government authority, the CMO official said.
