Public servant insulting SC community member not ‘official duty', nod not need for prosecution: Kerala high court
scheduled caste
using caste-based slurs do not constitute acts done in the discharge of official duty, and therefore, no sanction under Section 197 of the CrPC is required to prosecute a public servant in such cases,
Kerala high court
has held.Justice A Badharudeen made the ruling while dismissing a petition filed by two officials of the Ettumanoor block panchayat challenging the framing of charges by the trial court.
The case pertains to allegations that they insulted a female colleague belonging to the scheduled caste by calling her by her caste name with the intention of humiliating her in public view. According to the complaint filed by the de facto complainant, the petitioners — V T Jinu and M S Vijayan — used abusive caste-based slurs against her and fabricated documents to falsely show that she had misappropriated funds, which ultimately led to her suspension.The petitioners argued that, as public servants at the time of the alleged incident, the prosecution was required to obtain prior sanction under Section 197 of the CrPC, which had not been secured, thereby rendering the proceedings invalid. However, the prosecution countered that since the alleged acts were unrelated to their official duties, no such sanction was necessary.Upon examining the records, the single bench held that the trial court had not erred in framing the charges. The court further relied on the Supreme Court's ruling in Indira Devi vs State of Rajasthan, which clarified that allegations involving cheating, fabrication of records, or misappropriation by public officials cannot be considered acts done in the discharge of their official duties and hence, do not require prior sanction for prosecution.
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