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Directorate of Enforcement vs. Bibhu Prasad Acharya, etc.

Not available · 2024 INSC 843Decided 6 Nov 2024
Not available
Justice Abhay S. Oka · Justice Augustine George Masih

Background

The Enforcement Directorate filed money-laundering complaints against, among others, a former Managing Director of an Andhra Pradesh government corporation and a former Principal Secretary of the state's Irrigation Department, alleging they had helped allot land and water resources improperly, generating illicit proceeds later laundered by private companies. Both accused argued that as public servants, they could not be prosecuted without prior government sanction under Section 197 of the Code of Criminal Procedure. The High Court agreed and quashed the cognizance taken against them; the Enforcement Directorate appealed to the Supreme Court, arguing the PMLA's special "overriding effect" clause exempted it from this sanction requirement.

Decision Breakdown

The Supreme Court held that Section 197 CrPC, which protects public servants from being prosecuted for acts done in the discharge of official duty unless the government sanctions it, does apply to complaints under the PMLA, since the CrPC's procedural provisions apply to PMLA proceedings except where genuinely inconsistent with the Act, and no such inconsistency was shown here. The Court found that both officials' alleged acts (approving land and water allocations) were done while purporting to act in their official capacity, satisfying the conditions for Section 197 protection. It clarified that the PMLA's "overriding effect" clause cannot override a CrPC provision that the PMLA itself has expressly made applicable. The appeals were dismissed, though the Enforcement Directorate remains free to proceed if it later obtains the required sanction.

Lesson Learnt

Public servants enjoy protection from criminal prosecution for acts connected to their official duties unless the government grants prior sanction, and this protection is not automatically overridden by special laws like the PMLA unless the special law clearly conflicts with it.

Official source (sci.gov.in)View Judgment (PDF)

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