Karnataka High Court.
Credit: DH Photo
The High Court has said that the doctrine of state humanity covers all the acts performed by a public servant in exercise of function of the government and not where acts are done by the public servant for his or her own benefit or pleasure and may be under the power of authority.
Justice Sachin Shankar Magadum observed this in a recent judgement refusing to quash defamation proceedings against IPS officer D Roopa.
IAS officer Rohini Sindhuri had filed the defamation case alleging objectionable/derogatory posts on Facebook and also statements in the media. Roopa had challenged the order of the Additional Chief Metropolitan Magistrate, Bengaluru, taking cognizance and direction for registration of criminal case. Roopa had claimed that since she is a public servant, prior sanction under CrPC Section 197 was necessary before taking cognizance.
The court examined the statements posted on social media account as well as the statements made before the print media and said that Roopa is bound to face a criminal trial. “These statements made do not fall within the domain of her assigned duties which a public servant is required to discharge or perform. The culled out portions clearly do not demonstrate that the acts done by the petitioner which are indicated in the private complaint are obviously not done in the course of her service and therefore, Section 197 of Cr.P.C. does not extend its protective cover insofar as the above culled out portions are concerned,” the court said.