Mumbai: The Bombay High Court today held
that public prosecutors are "public servants" and offence
under Prevention of Corruption Act can be registered against
them.
Shantinath Patil, who was working as Additional Public
Prosecutor at Gadhinglaj in Kolhapur district since 2000,
filed a petition seeking quashing of FIR against him for
allegedly seeking bribe.
FIR was lodged in 2007; but Patil contended that since
he was not on government`s payroll, offence cannot be
registered against him under Prevention Of Corruption Act.
His petition is pending before Justice S C
Dharmadhikari, who referred it to division bench to decide if
a public prosecutor comes within the ambit of the definition
of public servant under PCA. Earlier two judgements had said
that prosecutor was not a public servant.
Division bench of Justices B H Marlapalle and Anup
Mohta today said "public prosecutor discharges public
function", and therefore, even if he is not a government
employee, he can be called a public servant.
The bench said additional public prosecutor performs
a statutory function (as his appointment is governed by
Criminal Procedure Code).
The division bench sent the matter back to single
judge, who will now decide it as per the facts.
-PTI
