CH NEWS
BENGALURU
The Karnataka High Court has allowed prosecution proceedings to continue against a retired engineer without fresh government sanction.
The Karnataka High Court has clarified that the 2018 amendment to the Prevention of Corruption (PC) Act does not apply retrospectively to cases in which a trial court had already taken cognisance.
A Bench headed by Justice H.P. Sandesh also held that separate sanction from the government is not required to prosecute a retired official when cognisance was taken before the amendment came into force.
The court passed the order while dismissing criminal revision petitions filed by B.G. Prakash Kumar, a retired executive engineer of the BBMP’s Malleswaram division.
The Bench noted that the amendment to Section 19(1) of the PC Act came into force on July 26, 2018, and applies to future cases. In Prakash Kumar’s case, the trial court had taken cognisance in May 2018, before the amendment.
Therefore, his subsequent retirement did not require fresh sanction from the government to continue prosecution under the PC Act, the court held.
The High Court also found no illegality in the trial court’s order and permitted proceedings against Prakash Kumar under the anti-corruption law to continue.
The case relates to alleged irregularities in road development and asphalting works in the Malleswaram division. A report by the BBMP Technical Inspection Cell had led to cases being registered by the CID and Bengaluru Metropolitan Task Force.
Prakash Kumar, the first accused, retired on July 30, 2017. Investigating agencies filed the chargesheet in early 2018, following which the trial court took cognisance in May 2018.
The trial court had earlier discharged him from offences under the IPC but ordered continuation of proceedings under the PC Act in its February 24, 2026 order.
His counsel argued that the 2018 amendment required prior sanction even to prosecute retired government employees and sought quashing of the proceedings. The government opposed the plea.
“The 2018 amendment applies to future cases and cannot operate retrospectively.” Justice H.P. Sandesh-led Bench, Karnataka High Court
Court clarifies sanction rule
The Karnataka High Court has ruled that the 2018 amendment to the Prevention of Corruption Act cannot be applied retrospectively to a case where cognisance was taken before the amendment. It held that a retired official does not require fresh government sanction in such circumstances. The ruling came in petitions filed by retired BBMP executive engineer B.G. Prakash Kumar, accused in alleged irregularities involving road development and asphalting works.
