Madurai Bench of the Madras High Court Sets Aside Order Directing Registration of FIR Against Former Thanjavur SP Ashish Rawat*

*Madurai Bench of the Madras High Court Sets Aside Order Directing Registration of FIR Against Former Thanjavur SP Ashish Rawat*

A petition was filed by Advocate Karthikeyan of Thanjavur alleging that Ashish Rawat, while serving as Superintendent of Police, Thanjavur District, had cut and utilized teak trees located in the police quarters for personal purposes, misappropriated funds belonging to the Police Welfare Association, and failed to follow tender procedures in certain construction works.

Based on the said allegations, the District Court had directed the Directorate of Vigilance and Anti-Corruption (DVAC) to register a First Information Report (FIR) and conduct an investigation. Challenging this order, the DVAC filed a revision petition before the Madurai Bench of the Madras High Court.

When the matter came up before Justice Pugalendhi, the then State Chief Public Prosecutor, Mr. Hasan Mohamed Jinnah, appearing for the Vigilance and Anti-Corruption Department, contended that the District Court had directed registration of the FIR without following the mandatory legal procedures. He submitted that no enquiry or explanation had been sought either from the competent authorities, the concerned SP, or the Vigilance Department before passing the impugned order. He further argued that initiation of criminal proceedings against a public servant in respect of acts connected with official duties requires prior sanction from the Government and that the order of the District Court was contrary to settled legal principles and binding Supreme Court precedents.

On the other hand, the senior counsel appearing for the complainant argued that the order of the trial court was perfectly valid, that the alleged acts did not constitute official duties, and therefore no prior sanction was required. It was also contended that the revision petition filed by the Vigilance Department was not maintainable, as the concerned SP himself had not challenged the order.

In reply, Mr. Hasan Mohamed Jinnah submitted that the contention was legally unsustainable. He argued that the complaint itself was motivated by personal animosity arising out of the arrest of the complainant advocate and that it was incorrect to suggest that only the affected officer could challenge the order. He further emphasized that it is the duty of the Government to support honest public officials who discharge their functions in accordance with law. He submitted that such protection extends not only to police officers but to all public servants acting bona fide in the course of their official duties. Therefore, the revision petition filed by the Vigilance Department was fully justified and maintainable.

After hearing both sides, Justice Pugalendhi observed that it was difficult to understand how such an order had been passed by the District Judge and remarked that the manner in which the matter had been dealt with by the trial court was itself open to criticism. The matter was thereafter reserved for orders.

In the final judgment delivered today, the High Court held that the statutory provisions governing investigations against serving IAS and IPS officers require prior sanction of the Government before the Vigilance and Anti-Corruption Department can proceed with such action. The Court found that the trial court had failed to take these mandatory requirements into consideration.

The Court further observed that the Principal District Judge, Thanjavur, had passed the impugned order in a mechanical manner without undertaking a proper examination of the available materials. It was also noted that the order had been passed on the very first day of hearing without conducting any meaningful enquiry.

Accordingly, the Madurai Bench of the Madras High Court set aside the order directing the Vigilance and Anti-Corruption Department to register and investigate a case against former Thanjavur Superintendent of Police Ashish Rawat.

The judgment has been widely welcomed among members of the police force.

*Police officers expressed their gratitude and appreciation to the High Court for intervening in the matter and to Senior Advocate Hasan Mohamed Jinnah, who had promptly initiated the revision proceedings, secured an interim stay at the earliest stage, and ultimately succeeded in obtaining complete quashing of the impugned order.*