Preferential facilities to Sasikala in prison: HC quashes sanction granted for prosecuting three former staff of Bengaluru central prison

The High Court of Karnataka has quashed the sanction granted by the State government for prosecuting three former staff of Bengaluru central prison on charges of corruption in providing preferential facilities illegally to former AIADMK leader V.K Sasikala when she was lodged in the prison for serving sentence in a corruption case against former Tamil Nadu Chief Minister Jayalalithaa.

The High Court of Karnataka has quashed the sanction granted by the State government for prosecuting three former staff of Bengaluru central prison on charges of corruption in providing preferential facilities illegally to former AIADMK leader V.K Sasikala when she was lodged in the prison for serving sentence in a corruption case against former Tamil Nadu Chief Minister Jayalalithaa.

Justice K. Natarajan passed the order while allowing the separate petitions filed by three accused prison staff against whom the charge sheet was filed after the government in 2021 granted separate sanction for their prosecution.

The petitions were filed by Gajaraja, who was then serving as sub-inspector of police in Karnataka State Industrial Security Force deputed to the central prison security, Anitha R., the then Assistant Superintendent of central prison, and Krishna Kumar, the then Chief Superintendent of the central prison. All three of them are now serving in different posts in other places.

Meanwhile, the court said that the government could consider grant of sanction afresh for prosecuting Mr. Kumar by proper application of mind.

The main reason cited by the court for quashing the sanction was “non-application of mind” by the authority competent to grant sanction.

The court pointed out that the sanctioning authority had ignored the fact that the investigating agency had not filed charge sheet against H.N. Sathyanarayana Rao, a retired Director-General of Police (Prisons) who was named as main accused in the first information report (FIR) lodged by the government itself, while granting sanction for prosecuting the petitioners.

“The State has issued the sanction order [against Mr. Gajaraja] simply mentioning ‘final report’ of the police and without any discussion or satisfaction,” the court said, pointing out that there was no specific allegation against Mr. Gajaraja attracting provisions of the Prevention of Corruption Act.