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Criminal LawSupreme Court of India

Bharat Sanchar Nigam Limited & Ors. v. Pramod V. Sawant & Anr.

Criminal Appeal · 2019 INSC 913Decided 19 Aug 2019
Criminal Appeal No. 503 of 2010
Justice Navin Sinha · Justice A.S. Bopanna

Background

BSNL and three of its officers were prosecuted for engaging unregistered private security guards, in violation of a Maharashtra welfare scheme for security guards. The officers argued their prosecution was invalid because it was launched without the prior government "sanction" required under Section 197 CrPC for prosecuting public servants acting in their official capacity. The High Court rejected this defence, holding that employees of government companies like BSNL do not get this sanction protection, and the officers appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that two of the officers had, before the complaint was filed, formally opted to become permanent BSNL employees (giving up their earlier government cadre status), so they could no longer claim "public servant" protection requiring sanction: their challenge on this ground failed. For the third officer, whose exact employment status (deputation versus absorption) was unclear from the record, the Court left that specific factual question open to be decided by the trial court once evidence was led, rather than deciding it itself. On the central legal question, whether sanction under Section 197 CrPC was needed here, the Court relied on settled precedent that employees of public sector corporations are generally not entitled to this protection. The appeal itself was dismissed, with a direction that the long-pending (since 2003) trial be concluded within one year.

Lesson Learnt

Employees of government-owned companies (like BSNL) generally cannot claim the special "prior sanction" protection available to actual government servants, even though such companies may otherwise qualify as "State" under the Constitution: this status depends on the specific nature of one's employment, not just where one works.

Bharat Sanchar Nigam Limited & Ors. v. Pramod V. Sawant & Anr. – Legal Case Shots | LegalAware