SC to examine whether Resolution Professional will be considered public servant under graft laws
NEW DELHI: The Supreme Court issued notice to concerned respondents on a petition challenging the order of Jharkhand High Court which held that a Resolution Professional will be considered a public servant under the provisions of graft laws observing that Resolution Professional performs public duty. The Supreme Court, on Wednesday, issued notice in a plea challenging the ruling of the Jharkhand High Court that a Resolution Professional (RP) will be considered a 'public servant' under Section 2(c)(v) and Section 2(c)(viii) of the Prevention of Corruption Act, 1988 (PC Act). A vacation Bench comprising Justice AS Bopanna and Justice Prashant Kumar Mishra issued notice to the respondents.
The court was hearing a petition filed by Sanjay Kumar Agarwal challenging the Jharkhand High Court order dated May 5.
Jharkhand High Court has rejected Agarwal's plea that the petitioner was not a public servant within the meaning of the Prevention of Corruption Act and quashed entire criminal proceedings instituted against him for the offence under Section 7 of the Prevention of Corruption Act, 1988 (PC Act). The High Court had opined that the RP performs 'public duty' within the meaning of Section 2(b) of the PC Act and hence is a 'public servant' liable to be prosecuted under the PC Act. The impugned judgment was passed by the High Court while rejecting the petition praying for quashing of the entire criminal proceeding instituted against an Insolvency Professional, as well as the FIR registered for the offence under Section 7 (public servant taking gratification other than legal remuneration in respect of an official act) of the PC Act. (ANI)
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