Prior sanction under PC Act for prosecution of officers-Shield to cover corrupt or check on misuse of ACB?

Gustakhi Maaf Haryana-Pawan Kumar Bansal

What’s section 17 A under PC act – shield to cover “ corrupt officers “ or check on misuse of power-Issue of denial of sanction of prosecution by Haryana government in case of IAS officer Vijay Singh Dahiya in lack of prior sanction under sector 17A .This is very complicated issue and I invite my enlightened readers for their views.Under the Act prior sanction of the government is must for prosecution of any officor .

The issue became important during the tenure of Shatrujit Kapoor as DG Anti Corruption Bureau as first time in history of Haryana IAS and HCS officers were caught by the Bureau.Earlier SHO and Tehsildars were used to be arrested.Kapoor,s tough stand resulting into a powerful lobby of IAS in opposing him and the lobby was active when Kappor,s name figured in alleged suicide of Haryana IG Y.Puran Kumar.Earlier the State government has declined sanction under PC Act in case of IAS officers Jaivir Arya ,Yash Garg,Anita Yadav ,Mohammad Shayin and Sonal Goel.

So far there are conflicting views on the issue as one school of thought argues that it is clever move of the state government and has been taken under pressure from Powerful IAS lobby.Activist Dr Ramkumar says that Chief Secretary who is an IAS officer is empowered to give sanction wondering why he will give sanction against his colleagues.Another school of thought says that it is necessary to check ACB from harassment of innocent persons without any proof .They cite the case of IRS Dhiraj Kumar to buttress their argument.

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