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No FIR against public representatives without approval: Maharashtra Cabinet


  • Maharashtra cabinet has amended a provision of the Criminal Procedure Code to prevent filing of an FIR against a ‘public representative’ without the sanction of a competent authority.
  • With the amendments to the CrPC (156) (3) and 190 provisions, police won’t be able to file an FIR against an MLA or a bureaucrat, even if so directed by a court, without the sanction of the speaker of the Assembly in case of the former and of the chief secretary in case of the latter. The decision is also applicable to elected representatives of panchayats and municipalities.
  • The move was intended to protect government servants and elected representatives from frivolous, politically motivated cases and public interest litigation’s
  • Government officials claimed the amendments are in line with the 2013 Supreme Court order in the Anil Kumar vs MK Ayappa case but legal experts have criticised over this decision and  said that this decision is legally incorrect.
  • Supreme Court prohibited filing of a complaint in the court without sanction of the competent authority under section 19 of the Act.However, this does not restrict filing of an FIR, which is necessary to start an investigation .
Source: ET


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