The government cannot be predetermined without prosecution of the government accused of excessive power: SC | Bharat News

New Delhi: In an important judgment to protect the public servants who discharge their duties, the Supreme Court has admitted that the security provided to them, which prevents prosecution without the prior approval of the government, will also apply in cases where the officials are more than their official powers. The court said that only excess cannot snatch them for this safety.
A bench of Justice Biwi Nagratna and Satish Chandra Sharma said that a simple reading of Section 170 of the Police Act shows that the Legislature has demanded a legal security expenses for some public officials, and if they are said to be committed to any prosecution or any prosecution made by them if they are said to have been said to have been committed to their duties.
“The important thing is that the protective umbrella of Section 170 is not completely limited to acting strictly within the authority’s limit, but excessively extends from instability to acts from such authority, so as long as there is a proper nexus between an act, which also works for the Senior Advocate Rauk, who also works for the senior advocate Rauk, who also uses the Senior Advocate Rauk, who also works for the Senior Advocate Rauk, who also works for the Senior Advocate Rowk, who is also a senior Advocate Rauk, who also. Advocate works as Raul, for the importance of Section 170 that required approval.
Security is limited under Section 197 of CRPC and Section 170 of Police Act. This applies only when the alleged Act is appropriately related to the official duties of the officer. If the official role is used only as an excuse to work incorrectly, the law does not provide protection. However, it was held that prior approval security would be available if there is a proper relationship between the Act and the duty.
“When prior approval security will be applicable, this court has admitted that even though a police officer is more than his official powers, unless there is a proper relationship between the Act and its duty, they are entitled to the need for prior approval. Excess alone does not snatch them for this safety,” the court said.
The court was listening to the arguments of the police officers, challenging their prosecution on the basis that they were not approved before starting criminal proceedings against them to misuse their official power and attack a person. Given that the person who had filed a complaint was himself a miscreant and was investigating in various cases, the court said that it was part of the official duty of police officers and needed approval.
The bench said, “Any action taken by a public officer, even if it is contained in more than the authority or removing the boundaries of their official duties, will still attract statutory security, provided that a proper nexus existing between the officer’s official work complaints,” the bench said and gave relief.