BS Post : 95, Date : 26.01.2014, Place : Mumbai, By : Mohammed Chand Shaikh.
: 22 January 2014,
KANPUR: In a twist to the passport scam case, chief metropolitan magistrate (IInd) has asked the prosecution to submit documents related to the sanction of the case against accused by January 28. The court passed the order when one of the accused, Jayant Sarkar, moved an application stating that passport authorities had asked him to join duties as passport officer through a letter dated December 31, 2013.
The prosecution had to argue on the application of the accused to discharge them in the absence of sanction, but the scene changed when Sarkar told the court that he had been asked to join duties. Countering it, prosecution counsel submitted before the court that the police had already taken steps in this regard on November 6, 2013.
Presiding judge Mahesh Kumar Gupta (Ist), who was hearing the arguments, observed that prosecution should submit all the relevant documents with the court. Sarkar was not present in the court as he was granted exemption from personal appearance following an application moved through his counsel in this regard.
The defence had concluded arguments on Monday in support of their application to discharge the accused. It had claimed that under the Passport Act prior sanction of prescribed authority was mandatory, but the prosecution had not sought sanction from the appropriate authority.
It had been already admitted in prior proceedings that sanction had not been sought. Moreover, the prosecution had to take sanction from the state as well as the Central government to prosecute officials and staff of the passport office under Section 197 of the CrPC. Therefore, in the absence of proper sanction, the case could not be tried.
The prosecution, in its earlier arguments, had stated that the accused could be tried without seeking sanction under sections 420/467/468 of the IPC as offences under IPC were different in nature from the offences of Passport Act. Sanction under the Passport Act was required and investigation officer had informed the court that the letter for sanction had been sent.
As many as 17 persons, including six passport department officials, had been arrested by the Kanpur police following a sting operation on July 5. The police had claimed that passports made by this gang, that also included 10 passport touts, were "absolutely authentic" as they were processed by insiders in the passport office. But the particulars mentioned in them were false. Although the passports made by this gang would reach their clients without any police verification, the documents nonetheless would be totally authentic, bearing all original signatures.
