Supreme Court Mandates Affidavit for Complaints Against Public Servants
In a significant ruling, the Supreme Court of India has clarified that any complaint filed before a magistrate against public servants must be founded on an affidavit. This decision reinforces legal safeguards for government officials and ensures that allegations are substantiated with proper documentation from the outset.
Two-Tier Protection for Public Servants
The court noted that the law provides a two-tier protection for public servants when the alleged offence was committed in the course of discharging official duties. This framework aims to prevent frivolous or malicious complaints that could hinder the efficient functioning of public administration.
Key Aspects of the Ruling:
- Complaints must be supported by a sworn affidavit to proceed before a magistrate.
- The protection applies specifically to offences linked to official duty performance.
- This measure is designed to filter out unsubstantiated claims early in the legal process.
Implications for Legal Proceedings
This ruling is expected to streamline judicial processes by requiring complainants to provide credible evidence upfront. It underscores the judiciary's commitment to balancing accountability with the need to protect public servants from undue harassment.
The decision highlights the Supreme Court's role in interpreting laws to ensure fair treatment for all parties involved in legal disputes concerning public officials.
