Recorded demand and acceptance of bribe in media sting operations akin to a trap by probe agencies

A sting operation, in which 20 police officers and personnel of the Bangalore city traffic police wing were caught red-handed while allowing lorries to enter prohibited zones during restricted hours by demanding and accepting bribe, is like a trap proceeding done by an investigation agency or even of a higher stature, the High Court of Karnataka has said.

A sting operation, in which 20 police officers and personnel of the Bangalore city traffic police wing were caught red-handed while allowing lorries to enter prohibited zones during restricted hours by demanding and accepting bribe, is like a trap proceeding done by an investigation agency or even of a higher stature, the High Court of Karnataka has said.

Also, the court said, there was no need for the Lokayukta police to take prior approval from the competent authority under Section 17A of the Prevention of Corruption Act to conduct investigation against these public servants based on the contents of the sting operation by Power TV channel as the acts of demand for the bribe, acceptance and allowing movement of granite blocks-laden lorries into prohibited zones by the accused persons was clearly recorded in the sting operation.

“It is undoubtedly akin to a trap proceeding or even on a higher pedestal. Therefore, rigour or protection under Section 17A of the Act would not be applicable in cases of public servants accepting money for permitting violations of traffic,” Justice Nagaprasanna observed.

While refusing to quash a criminal case registered against the 20 police officers and personnel by dismissing their petition, the court said that “these are the cases where the government/prosecuting agencies will have to deal with an iron hand”.

Meanwhile, the court quashed a case registered against 13 officers and staff of the Commercial Tax Department based on another sting operation done by another private TV channel, Asianet Suvarna News.

In this case, the court said investigation could not have been initiated without the approval of the government under Section 17A of the Act, as this sting operation did not contain all the components of a trap as it had no proof for demand for bribe but had only captured acceptance of money thrust on the officials.

However, the probe in this case could have been continued had the Lokayukta obtained prior approval, but having not done so, this case had to be obliterated, the court said.