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Karunakaran case : No sanction to prosecute required if accused was not a public servant at the time of cognizance - mala fide prosecution - HC to consider details : Apex Court

By TIOL News Service

NEW DELHI, DEC 08, 2006 : IN this appeal by the Kerala leader Karunakaran, there two issues.

  1. The Kerala High Court's order that no sanction to prosecute was necessary as the appellant was not a public servant at the time of taking cognizance of the offence.
  2. the appellant is the victim   of personal and political rivalry with leaders of some political parties

  On the first issue, the Supreme Court observed that the issue is already decided in the Parkash Singh Badal's case ( reported by us today in 2006-TIOL-172-SC-MISC) and so there is no merit in the appeal.

Regarding the second issue, the Supreme Court noted certain submissions:-

•  The Chief Secretary of the State on 24.11.2005 has filed an affidavit stating that the State Government wanted to withdraw the prosecution.

•  But interestingly subsequently another affidavit has been filed stating that there is no intention to withdraw the prosecution.

•  this change of stand is due to the political scenario and the people in Government

•  the person who had filed the application for intervention when the earlier affidavit proposing withdrawal of prosecution was filed happens to be the present Chief Minister of the State.  

•  This is a clear case of political vendetta.

The Supreme Court observed that these issues were not before the High Court and so while upholding the order of the High Court to the extent that the status on the date of taking cognizance vis-`-vis the position when the offence was allegedly abused has been rightly decided, the plea regarding mala fides has been remanded for the High Court's re-consideration.

(See 2006-TIOL-173-SC-MISC in 'Legal Corner')


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