Prosecution of Public Servants under PMLA

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The Supreme Court has mandated prior sanction as a prerequisite for prosecuting public servants under the Prevention of Money Laundering Act (PMLA), 2002. This ensures a balanced approach between protecting public servants acting in good faith and holding them accountable for any misuse of authority.

Prior Sanction Provision

Under the Code of Criminal Procedure (CrPC), Section 197 prohibits courts from initiating legal proceedings against judges, magistrates, or public servants for actions taken during their official duties without prior government approval. This provision is intended to safeguard decision-making conducted in good faith. However, exceptions exist for severe offenses, including crimes against women and human trafficking, where no prior sanction is required.

PMLA and CrPC Interaction

The relationship between the PMLA and CrPC is governed by specific provisions:

• Section 65 (PMLA): Ensures CrPC provisions apply to cases under PMLA unless they conflict with PMLA-specific provisions.
• Section 71 (PMLA): Grants PMLA overriding authority over conflicting laws, affirming its primacy in applicable cases.

Constitutional Protections for Civil Servants

Civil servants enjoy protections under Part XIV of the Constitution, ensuring a fair process in their service conditions:

• Article 309: Authorizes Parliament and State Legislatures to regulate service conditions.
• Doctrine of Pleasure (Article 310): Civil servants hold office at the pleasure of the President or Governor, subject to constitutional constraints.
• Article 311: Protects civil servants by mandating proper inquiry and an opportunity to defend themselves before dismissal, removal, or reduction in rank.

Functioning of the Prior Sanction Provision

The process and scope of the prior sanction provision aim to balance accountability and protection:

• Government Approval: Sanction for prosecution must come from the Central Government for central employees or the State Government for state-affiliated public servants.
• Scope: The protection applies only to actions taken in the course of official duties and does not shield against illegal acts.
• Judicial Perspective: Courts have emphasized that sanction provisions encourage honest officers to act in good faith without fear of undue prosecution. However, these protections cannot be misused to shield deliberate misconduct or criminal activity.