Supreme Court of India

Parkash Singh Badal and Anr. v. State of Punjab and Ors.

Neutral citation

Reported as [2006] SUPP. 10 S.C.R. 197

Bench Dr. Arijit Pasaya T and S.H. Kapadia JJ.

Decided 6 December 2006

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

20 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above, it would not be permissible to contend that a public servant would be covered by Section 13(1)(d) (similar to section 5(1)(d) of Old Act) and ·therefore the public servant would not be covered by Sections 8 and 9 of tlie Act.

Judgment, page 46

From the headnote

Prevention of Corruption Act, 1947; s. 6(2)/Prevention of Corruption Act, 1988; ss. 7, 8, 9, 10, 11, 13, 15 and 19/Code of Criminal Procedure, 1973; ss. 2, 41, 154, 173 and 197: Prosecution of public servant-Protection from-Sanction before prosecution-Necessities of-Held: Principle of immunity protects only those acts of a public servant performed in exercise of function of the Government- c But it does not protect criminal acts of a public servant though performed under the colour of authority but in reality performed for its own pleasure/ benefit-Proiection so given is to protect a

Authorities it was built on

1991 K. Veeraswami v. Union of India and Others cited by 53
1954 Shreekantiah Rama Yya Munipalli v. The State of Bombay cited by 27
1998 Kalicharan Mahapatra v. State of Orissa cited by 13
2005 K. Kalimuthu v. State by D.S.P. cited by 12
2004 Gangadhar Janardan Mhatre v. State of Maharashtra and Ors. cited by 12
1979 K.s Dharmadatan v. Central Government and Ors. cited by 5

Where later benches applied it

2024 Directorate of Enforcement v. Bibhu Prasad Acharya, Etc. relied on
2019 S. K. Miglani v. State Nct of Delhi relied on
2016 L. Narayana Swamy v. State of Karnataka & Ors. relied on
2016 Punjab State Warehousing Corp. v. Bhushan Chander & Anr. relied on
2014 State of Bihar & Ors. v. Rajmangal Ram relied on
2013 C.B.I. v. Ashok Kumar Aggarwal relied on
2013 Lalita Kumari v. Govt. of U.P. and Ors. relied on
2013 Ajoy Acharya v. State Bureau of Inv. Against Eco. Offence relied on
2012 General Officer Commanding v. Cbi and Anr relied on
2012 Om Kr. Dhankar v. State of Haryana & Anr. relied on
2011 Abhay Singh Chautala v. C.b.i relied on
2024 Fuleshwar Gope v. Union of India & Ors. referred to
2024 Sharif Ahmed and Another v. State of Uttar Pradesh and Another referred to
2023 A. Sreenivasa Reddy v. Rakesh Sharma and Anr. referred to
2023 A. Srinivasulu v. The State Rep. by the Inspector of Police referred to
2015 Prof. N. K. Ganguly v. Cbi New Delhi referred to
2015 Inspector of Police and Another v. Batienapatla Ven Kata Ratnam and Another referred to
2012 Lalita Kumari v. Government of U.P. & Others referred to
2012 Dr. Subramanian Swamy v. Dr. Manmohan Singh and Another referred to
2011 Dinesh Kumar v. Chairman, Airport Authority of India and Anr. referred to

Of those, 11 relied on · 9 referred to

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