For years, those who have misused theirs powers to settle scores with their ‘antagonists’ — political or otherwise — have got protection under Section 197 of the Criminal Procedure Code 1898 (CrPC) further bolstered by its retention in 1973.
The ‘sanction for prosecution’ of public servants clause continues to give wrong-doers undue advantage and encourages misuse of official position and power.
The gross violation of human rights under POTA, TADA, AFSPA and the like by the security forces and government officials is partly due to the Supreme Court’s lenient view towards the excesses of government officials. The court should define what kind of offences amount to abuse of government duty so that the victims can hope for justice. It should limit the activities of the so-called public servants.
Preet Simar Sandhu,