NOORULLA KHAN versus KARNATAKA STATE POLLUTION CONTROL BOARD & ANR.

NOORULLA KHAN versus KARNATAKA STATE POLLUTION CONTROL BOARD & ANR.

The deeming provisions of Sections 48 and 47 of the Water Act operate to dis-entitle public servants (including Chief Officers/Commissioners who fall under Section 47) from protection under Section 197 CrPC; accordingly the High Court was correct to set aside the lower Appellate Court's decision that quashed prosecution for lack of sanction and to remit the matter to the lower Appellate Court for fresh consideration on merits.

Parties
Appellant: Noorulla Khan; Respondent: Karnataka State Pollution Control Board; Co Accused: Sandur Gram Panchayat
Jurisdiction
India
Judgment Date
13 July 2021
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment Dated 13.03.2020
Outcome
Appeal dismissed
Legal Topics
Section 197 Cr PC, Sections 43, 44, 47, 48 of the Water Act, Sanction for Prosecution, Deeming Fiction Under Sections 47 and 48
Water (prevention and Control of Pollution) Act, 1974 Code of Criminal Procedure, 1973 Criminal Law Environmental Law Section 197 Cr PC Sections 43, 44, 47, 48 of the Water Act Sanction for Prosecution Deeming Fiction Under Sections 47 and 48

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Parties

Noorulla Khan

Appellant

Karnataka State Pollution Control Board

Respondent

Sandur Gram Panchayat

Co Accused

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment Dated 13.03.2020

Legal Issues

  1. 1 Whether protection under Section 197 CrPC applies to prosecution of a public servant under the Water Act
  2. 2 Whether a 'Head of the Department' is deemed guilty under Section 48 of the Water Act thereby excluding protection under Section 197 CrPC
  3. 3 Whether Chief Officer/Commissioner of a Municipal Council or Town Panchayat fall under Section 48 or Section 47 of the Water Act and the effect on applicability of Section 197 CrPC

Ratio Decidendi

The deeming provisions of Sections 48 and 47 of the Water Act operate to dis-entitle public servants (including Chief Officers/Commissioners who fall under Section 47) from protection under Section 197 CrPC; accordingly the High Court was correct to set aside the lower Appellate Court's decision that quashed prosecution for lack of sanction and to remit the matter to the lower Appellate Court for fresh consideration on merits.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • Affirmed the High Court order setting aside the lower Appellate Court's decision and remitted the matter to the lower Appellate Court for fresh consideration on merits.