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The State of Punjab vs. Partap Singh Verka

Not available · 2024 INSC 483Decided 8 Jul 2024
Not available
Justice Sudhanshu Dhulia · Justice Prasanna B. Varale

Background

A doctor at a government hospital, Dr. Partap Singh Verka, was accused of taking a bribe (through a ward attendant, Vikas) from a complainant to admit and treat his brother, who was in jail custody. The police only chargesheeted the ward attendant, not the doctor. However, during the trial, the complainant testified that it was actually the doctor who had demanded the bribe, prompting the prosecution to apply to the trial court to add the doctor as an accused under Section 319 CrPC: a provision that lets a court summon an additional person to face trial based on evidence that emerges during proceedings. The trial court allowed this, but the Punjab and Haryana High Court set aside that order, and the State appealed to the Supreme Court.

Decision Breakdown

The Supreme Court upheld the High Court's decision and dismissed the State's appeal. It held that under Section 19 of the Prevention of Corruption Act, no court can take cognizance of specified corruption offences (including bribery under Sections 7 and 13) against a public servant without prior government sanction, and this requirement applies even when a person is being added as an accused mid-trial under Section 319 CrPC. The Court relied on its own earlier rulings (Dilawar Singh v. Parvinder Singh and Paul Varghese v. State of Kerala) to hold that Section 19's sanction requirement overrides the general power under Section 319 CrPC, and since no sanction had been obtained before summoning the doctor, the entire procedure was flawed.

Lesson Learnt

A public servant cannot be prosecuted for corruption offences under the Prevention of Corruption Act, even if added as an accused partway through a criminal trial, unless the prosecuting authority first obtains official government sanction; skipping this step invalidates the proceedings regardless of how compelling the evidence against the accused may be.

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

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