In a path-breaking development, the Supreme Court has come to the rescue of public servants, particularly the police officers, often accused of exceeding their powers while discharging their duties. The apex court has ruled that government’s prior approval is a must to prosecute public servants even if accused of exceeding their official powers. The top court held that public servants enjoy statutory safeguard and this protection applies even in cases where officials exceed their official powers. The excessiveness alone cannot strip them of this safeguard, the highest court has ruled.

This ruling was delivered by a bench of Justices B V Nagarathna and Satish Chandra Sharma while hearing pleas of police officers challenging the criminal proceedings against them for exceeding their powers on the ground that government’s nod was not taken for it.

The Bench said a plain reading of Section 170 of Police Act reveals the legislature has sought to afford a statutory safeguard to certain public functionaries, and if any offence is alleged to have been committed by such officials while discharging their duties then no court shall entertain any prosecution or suit against them without govt’s prior sanction.

The court accepted the plea that even the offence of use of excessive power by public servant would fall within the ambit of Section 170 for which sanction was needed. It was clarified that this protection of prior sanction is applicable only when there is a reasonable connection between the act and the duty. It should be noted here that an officer can be stripped of this protection if he/she uses official power as an excuse to indulge in excesses.