Permission before setting trap in bribery demand cases: HC gives Haryana two weeks to clear stand

The Punjab and Haryana high court has given two-week’s time to the Haryana government to reconsider its two circulars making it mandatory for officers of vigilance bureau to seek permission from head of the departments before conducting a trap against an employee on complaints of demand of bribery

The Punjab and Haryana high court has given two-week’s time to the Haryana government to reconsider its two circulars making it mandatory for officers of vigilance bureau to seek permission from head of the departments before conducting a trap against an employee on complaints of demand of bribery.

The HC has now granted two-week’s time to the government to file an affidavit as to whether it still supports the circulars challenged by the petitioner. (iStock)

The high court reacted to a public interest litigation (PIL) by advocate HC Arora, who had challenged circulars of April 13, 1972 and January 24, 1990, making it mandatory for officers of the vigilance bureau to seek permission of head of department, deputy commissioner or administrative secretary, before conducting a trap against an employee.

The high court expressed its prima facie view that the two circulars appeared to be in conflict with the judgment of the Supreme Court in the case of Vineet Narain (1997) in which it had categorically held that any provision requiring prior permission of the government, before conducting a trial on a government servant would be arbitrary and illegal.

Arora had submitted that any such requirement to seek permission of head of the department or any other top officer, as the case be, would protect the employees and frustrate any such trap to nab such employees while seeking bribe.

The HC has now granted two-week’s time to the government to file an affidavit as to whether it still supports the circulars challenged by the petitioner.