Governor's Sanction to Investigate CM May Spark Legal Battle Over PC Act

Bengaluru: The recent order by the governor, granting sanction to investigate charges against the Chief Minister (CM), is expected to lead to a complex legal battle, according to legal experts. While the governor’s sanction could result in the registration of a First Information Report (FIR) against the CM, the ensuing legal conflict will likely revolve around the provisions of both the Prevention of Corruption (PC) Act and the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The complaint lodged against the CM sought permission for investigation under Section 17A of the PC Act and for prosecution under Section 19 of the PC Act and Section 218 of the BNSS. Section 17A, introduced in the 2018 amendment to the PC Act, mandates that no police officer can investigate any offence related to a public servant’s official duties without prior sanction.

A senior advocate highlighted a key aspect of the governor’s order: while it grants sanction under Section 17A of the PC Act and Section 218 of the BNSS, it does not provide prosecution sanction under Section 19 of the PC Act. “The operative part of the governor’s order reveals that a sanction has been accorded under Section 17A of the PC Act and Section 218 of BNSS. However, there is no prosecution sanction under the PC Act. This could mean that the special court judge may refer the complaint for investigation but is unlikely to take cognizance since prosecution sanction under the PC Act has not been granted,” the advocate explained.

The situation is further complicated by a statement from Revenue Minister Krishna Byre Gowda, who pointed out potential violations of the Standard Operating Procedure (SOP) issued by the Union government in granting sanction for investigation under Section 17A. An advocate explained that the SOP requires that the sanction for investigation must be sought by a police officer. Additionally, the chief minister may challenge the sanction on the grounds of non-application of mind by the governor.

“In fact, one of the guidelines in the SOP stipulates that a police officer of appropriate rank must make a proposal to the appropriate government or authority under Section 17A of the Act. The SOP further states that the appropriate government or authority must independently examine the proposal, apply its mind, and take an appropriate decision before conveying it to the police officer,” the advocate elaborated.

Another legal expert pointed out a significant issue: the complainants before the governor have either not sought or not received sanction for investigation against any other public servant involved in the case. “This could lead to a situation where an FIR is filed only against the CM and other private individuals allegedly involved, but not against other public servants, unless there is a sanction under Section 17A. The competent authority to accord sanction against these bureaucrats would be their appointing authorities,” he said.

This legal battle could set a precedent for how investigations involving high-ranking public officials are handled under the PC Act and BNSS, potentially influencing future cases of alleged corruption and misconduct.