The Supreme Court last week held that public servants accused of demanding bribes cannot claim protection that requires prior approval for an investigation when the alleged act is unrelated to their official duties.

A bench comprising Justices S V N Bhatti and N V Anjaria dismissed an appeal by a Rajasthan police constable who had challenged the framing of a bribery charge against him. The court held that the alleged demand for a bribe of Rs 1.5 lakh was not linked to any official decision or recommendation he made.

It said, “The act of demanding a bribe is a pure criminal act, not connected with official functions and not relatable to or having any linkage with recommendation or decision of the appellant in his capacity, as public servant.”

Facts of the case

The case arose from a complaint by Devendra Kumar, a constable posted at Abu City Police Station in Rajasthan, alleging that Tejaram, another constable, had demanded a bribe of Rs 1.5 lakh on behalf of the Superintendent of Police.…