Chidambaram’s counsel said obtaining sanction for prosecution under Section 197(1) of the Code of Criminal Procedure (CrPC) is mandatory and the ED has not obtained it till date to prosecute the Congress leader.The counsel said the proceedings before the trial court are currently fixed for consideration of charges.”The protection under Section 197(1) CrPC extends to the petitioner in the subject case and the special judge erred in taking cognisance of the offence under Section 3 read with Section 4 of the PMLA as against the petitioner without the ED having obtained previous sanction under Section 197(1) CrPC.”Hence the impugned order taking cognisance of the offences mentioned in the prosecution complaint dated June 13, 2018, and October 25, 2018, ought to be set aside and quashed qua the petitioner on this ground alone,” the plea said.According to Section 197(1) of the CrPC, when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government, is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognisance of such offence except with the previous sanction.While taking cognisance of the chargesheet, the special judge had said there was sufficient evidence to summon Chidambaram and the other accused in the corruption and money laundering cases lodged by the Central Bureau of Investigation (CBI) and the ED respectively.The cases relate to alleged irregularities in the grant of Foreign Investment Promotion Board (FIPB) approval in the Aircel-Maxis deal.The approval was granted in 2006 when Chidambaram was the Union finance minister.The CBI and the ED have alleged that as finance minister, Chidambaram had granted approval to the deal beyond his capacity, benefitting certain persons, and received kickbacks.
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