Section 17-A protection under the Prevention of Corruption Act cannot be extended to private persons, the court held prima facie.

Section 17-A of the Prevention of Corruption Act, 1988 was treated as a protection linked to public servants and was not found applicable, on a prima facie basis, to private individuals who were not shown to be public servants. On the admitted facts that the petitioners were private persons, the court directed that the impugned order not be given effect to against them and granted interim protection. The relief was expressly confined to the petitioners, while the investigation against government officers or police officials was left unaffected.

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Issues: Whether the approval requirement for enquiry, inquiry or investigation under Section 17-A of the Prevention of Corruption Act, 1988 could be applied against private individuals who were not public servants.

Analysis: The petitioners were stated to be private persons and not government servants. The opposite parties did not dispute that position. In those circumstances, the Court found a prima facie case that the protection order dated 04.04.2019, issued under Section 17-A, could not be extended against the petitioners. The Court also confined the relief only to the petitioners and made it clear that the investigation as against government officers or police officials would not be affected.

Conclusion: The impugned order was directed not to be given effect to against the petitioners, and interim protection was granted in their favour.

Ratio Decidendi: Section 17-A of the Prevention of Corruption Act, 1988, being directed to protection in relation to public servants, cannot be invoked against private individuals who are not shown to be public servants.

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