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(Guest)

MLA AND MP Public Servant?

Member of Parliament & M.L.A. are public servant???? if yes.... then who is prosecution sectioning authority??? i.e. section 197 Cr.P.C..



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 6 Replies

Kiran Kumar (Lawyer)     09 February 2010

 in case of sitting MLA and MPs, the sanctioning authorities are Governer and President, however they would give sanction on the recommendation of the State/ Central Govt.

 

for more clarification on S.197 Cr.P.C, read Parkash Singh Badal's judgment, i ve given the link below:

 

https://indiankanoon.org/doc/1634320/

RAJENDRAN K.M. 09443050520 (Advocate)     09 February 2010

Dear KK ur link is very use full.Thank u
1 Like

(Guest)

ok i'll read that judgment. thanks

Kiran Kumar (Lawyer)     09 February 2010

 its a latest landmark judgment on this point....

DR.SANAT KUMAR DASH (Eye Specialist)     09 February 2010

 MR. KIRAN   KUMAR JI, 

                                            IF     THE    SANCTIONING      AUTHORITY   WILL   NOT   GIVE   SANCTION   U/S  197 CrPC......THEN   WHAT   SHALL  BE  NEXT??   IS   THERE  ANY   TIME  LIMIT     FOR   PROVIDING    SANCTION  U/S 197 CrPC......IF  SO  ,  STATE   SOME   CITATIONS  OF  SUPREME   COURT   OF   INDIA.

Feroz M Shafeeque (Police Officer)     16 February 2010

I think speakers of the respective houses are prosecution sanctioning authority for MLAs and MPs. For ministers it is Governor or President as the case may be.


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