C K JAFFER SHARIEF Vs. STATE THROUGH CBI

JUDGEMENT

(1.) The present writ petition assails the order dated 27.01.2010 of the Ld. Special Judge whereby he dismissed the application of the petitioner seeking discharge under the Prevention of Corruption Act, 1988 (for short "the PC Act") on the ground of lack of sanction under Section 197 CrPC.

(2.) The allegations against the petitioner are that during the year 1995, while functioning as the Union Railways Minister, he dishonestly arranged foreign visits of four officials besides the officials allowed by the Government, for his personal use, through Public Sector Undertaking, namely IRCON and RITES, after temporarily placing their services with these undertaking. It is alleged that the petitioner dishonestly made M.D of RITES and IRCON to approve the journey of B.N. Nagesh, the then Additional P.S. to the Railway Minister, Sh. S.M. Masthan and Sh. V. Murlidharn, both stenos in the Railway Minister Cell to go to London with him, after placing their services in Railway Board to the aforesaid Public Undertakings. The above persons allegedly did not perform any special assignment on behalf of RITES or IRCON. Apart from these three persons, one Sh. C.H. Samaulla, a driver of Railway Ministry, on co-terminus basis, also visited London on Government expenditure, for the personal services of the petitioner. An FIR being FIR No. 2(A) /98 was registered against the petitioner. A closure report was filed by the CBI on 22.10.2005 citing refusal of sanction under section 19 of the PC Act, to prosecute the petitioner. The closure report was declined by the Ld. Special Judge with these observations:

(3.) Thereafter, a supplementary closure report was again submitted citing the reason of lack of sanction under section 19 of the PC Act. The Ld. Special Judge, CBI again declined the closure report and now took cognizance of the offence vide order dated 26.07.2008 observing that sanction under section 19 of the PC Act is not required as the petitioner had ceased to be a public servant on 10.11.2000. Thereafter, an application dated 04.09.2008 was submitted by the petitioner in the Court of Ld. Special Judge seeking discharge on the ground of lack of sanction under section 197 CrPC to prosecute the petitioner, which came to be dismissed vide order dated 27.01.2010. The learned Special Judge reasoned as under: