"Section 19 of the Prevention of Corruption Act prevents courts from taking cognizance of offences allegedly committed by a public servant without prior sanction of the government. Such provisions were conceived to ensure that public servants are not harassed and their work not stymied by vexatious and frivolous complaints."
In practice, these protective measures have functioned as a shield against prosecution, encouraging dishonest to flout the law with impunity. The Hindu : Opinion / Editorial : Prosecution, power, principle: Should prior sanction be required to prosecute public servants at all? Surely, the decision about whether a particular prosecution is vexatious or not is better left to the judiciary.
In practice, these protective measures have functioned as a shield against prosecution, encouraging dishonest to flout the law with impunity. The Hindu : Opinion / Editorial : Prosecution, power, principle: Should prior sanction be required to prosecute public servants at all? Surely, the decision about whether a particular prosecution is vexatious or not is better left to the judiciary.
The idea that the law must differ for public servants and private citizens is an anachronism, one that has no basis in principle and has no defence in practice.
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