VidhiSangh

Supreme Court of India · 13/07/2021

NOORULLA KHAN versus KARNATAKA STATE POLLUTION CONTROL BOARD & ANR.

[2021] 7 S.C.R. 243 · 2021 INSC 330

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Summary

In this Water Act prosecution, the Court held that the Panchayat’s Chief Officer could not claim the protection of prior sanction under Section 197 CrPC. The applicable deeming provision was Section 47, rather than Section 48 governing heads of Government departments. The High Court correctly set aside an acquittal resting solely on want of sanction and remitted the criminal appeal for consideration on its merits. Guilt was not finally decided by the Supreme Court.

Issues

  1. Whether a Panchayat Chief Officer prosecuted under the Water Act could defeat the prosecution for want of Section 197 sanction.

Provisions considered

Held

Result

Appeal dismissed; remand for fresh consideration of the criminal appeal on its merits affirmed, without Section 197 sanction protection.

Judgment PDF: Supreme Court of India, [2021] 7 S.C.R. 243.