Politics
Supreme Court says bribe probes need no prior nod
The Hindu·
The Supreme Court said prior approval is not needed to investigate an alleged bribe demand under the Prevention of Corruption Act. Justices S.V.N. Bhatti and N.V. Anjaria dismissed constable Tejaram's appeal against a Section 7 charge on October 16. The Bench said Section 17A covers official decisions or recommendations, not bribe-taking. An FIR alleged a demand of Rs 1.5 lakh.
Prism
What It Means For You
- Investigators need not seek Section 17A prior approval before probing an alleged bribe demand, the Court said.
- The protection applies when a case turns on a decision or recommendation in official functions.
- Tejaram's trial-court charge under Section 7 of the PC Act stands after the appeal was dismissed.
What's Happening
- Justice Anjaria wrote the judgment upholding the Rajasthan High Court's refusal to quash the charge framing.
- The Court said offences such as receiving bribes fall outside Section 17A's ambit.
- Fellow constable Devendra Kumar alleged in an April 22, 2021 email that Tejaram demanded Rs 1.5 lakh.
What Section 17A Covers
- Section 17A requires prior approval for inquiry into offences tied to recommendations or decisions in official duties.
- Section 7 punishes public servants who obtain or attempt to obtain an undue advantage for improper performance of duty.
- An FIR was registered on June 4, 2021, and Tejaram was arrested on September 1, 2021.
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