R. BALAKRISHNA PILLAI versus STATE OF KERALA AND ANR.

Citation: [1995] SUPP. 6 S.C.R. 236 · Decided: 05-12-1995 · Supreme Court of India · Bench: A.M. AHMADI, S.C. SEN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
c 
R. BALAKRISHNA PILLAI 
v. 
STATE OF KERALA AND ANR. 
DECEMBER 5, 1995 
[A.M. AHMADI C.J. AND S.C. SEN, J.] 
Code of Criminal Procedure 1973-Sectio11 197 ( l)--Sanctio1r-Whe11 
11eeded-Allegation of c1iminal conspiracy against the accused-Sa11ction for 
prosecutio1r-!.P.C.-Sectio11 120-B. 
l.P.C.-Sectio11 21-Public servant-Meaning of-Whether a minister is 
a public servant-Held: Yes-Code of Criminal Procedure, 1973-Section 197. 
The appellant had, allegedly, during his tenure as a minister for 
Electricity in Kerala, supplied electricity to a private unit in Karnataka 
D without obtaining the permission of the Government of Kerala Charges 
were framed against the appellant for criminal conspiracy under section 
120-B of I.P.C. well as under section 5 (2) read with Section 5 (1) (d) of 
the Prevention of Corruption Act, 1947. 
E 
The High Court held that sanction under section 197(1) of the code 
F 
of Criminal Procedure, 1973 was not a sine qua non in relation to the 
charge of criminal conspiracy. 
On appeal, this Court 
HELD : 1. Taking note of the provision of Article 167 (Article 164 
for Ministers), it was pointed out that the Chief Minister is paid from 
public exchequer for performing a public duty and is, therefore, a public 
servant within the meaning of Section 197 of the Code. So also a Minister 
and, therefore, on the analogy of the observations relating to the Chief 
G Minister, the Minister must also be held to be a public servant. Since he 
is appointed or dismissed by the Governor, he would fall within the 
expression a public servant not removable from his office save by or with 
the sanction oftbe Government. In the instant case as pointed out r•dier, 
by virtue of the provisions in the General Clauses Act, 1897 the e:;pression 
H 'Government' used in Section 197 would mean the Governor in the case of 
236 
R.BALAKRISHNAPILLAI 1'.STATE 
237 
a Chief Minister or a Minister. That being >O, a Minister would be entitled A 
to the protection of Section 197(1) of the code. [240-E-G] 
M. Kaiunanidhi v. Union of Ind:., [1979] SCR 254, relied on. 
Namdeo Kashinath Alier v. H.G. Vwtak & Anr, AIR (1970) Born 385, B 
cited. 
2.1 The question whether the acts complained of had a direct nexus 
or relation with the discharge of ollicial duties by the concerned public 
servant would depend on ~he facts of each case. There can be no general 
proposition that whenever there is a charge of criminal conspiracy levelled C 
against a public servant in or out of the ollice the bar of Section 197(1) of 
the Code of Criminal Procedure would have no application. Such a view 
would render Section 197(1) of the Code specious. [241-D] 
I 
Harihar Prasad v. The State of Bihar, [1972] 3 SCC 89, distinguished. D 
2.2. It is not every offence committed by a public servant while 
engaged in the performance of his official duty which is entitled to the 
protecl;on. Only an act constituting an offence directly or reasonably 
connected with his official duty will require sanction for prosecution. 
[242-A] 
B. Saha & Ors. v. M.S. Kochar, [1979] 4 SCC 177, relied on. 
2.3. The criminal conspiracy alleged against the appellant is that 
while functioning as the Minister for Electricity he without the consent 
of the Government of Kerala supplied certain units of electricity to a 
private industry in Karnataka. Obviously, he did this in the discharge 
of his duties as a Minister. The allegation is that it was an illegal act 
in as much as the consent of the Government of Kerala was not obtained 
before this arrangement was entered into and the supply was effected. 
E 
F 
It is, therefore, clear Crom the charge that the act alleged is directly and G 
reasonably connected with his official duty as a Minister and would, 
therefore, attract the protection of Section 197(1) of the Code of 
Criminal Procedure, 1973. Sanction under Section 197(1) of the Code of 
Criminal Procedure, 1973 was a sine qua non in relation to the charge 
of Criminal Conspiracy. [242-F-G, 243-A] 
H 
238 
SUPREME COURT REPORTS [1995] SUPP. 6 S.C.R. 
A 
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 
1742 of 1995. 
From the Judgment and Order dated 23.11.94 of the Kerala High 
Court in Cr!. R.P. No. 962 of 1994. 
B 
U.R. Lalit, 
R.F. Nariman, E.M.S. Anam and F. Anam for the 
Appellants. 
T.L. Vishwanatha Iyer and M.T. George for the Respondents. 
C 
P.S. Poti, K. Sukumaran and Ms. Malini Poduval for the Intervenor. 
The following Order of the Court was deliv
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