The Apparent illegality of the Maharashtra Government Gazette Notification Dated 2-6-1979 under Section 197, Sub-Section (3) of the Criminal Procedure Code Extending the Protection of Section 197(1) of the Code to Police Officers
By
C. Antony Louis
On 2nd June 1979, the Government of Maharashtra, Home Department, published a Gazette Notification which is quoted verbatim below.
“Code of Criminal Procedure, 1973. No. CRP-0178/9845-POL-3 - In exercise of the powers conferred by sub-section (3) of Section 197 of the Code of Criminal Procedure, 1973 (II of 1974), the Government of Maharashtra hereby directs that the provisions of sub-section (2) of that section shall apply to the following categories of the members of the Force: in the State charged with the maintenance of public order, wherever they may be serving namely
All Police Officers as defined in the Bombay Police Act, 1951 (Bom. XXII of 1951), other than Special or Additional Police Officers appointed under Section 21 or 22 of that Act;
All Reserve Police Officers as defined in Bombay State Reserve Police Force Act, 1951 (Bom. XXXVIII of 1951).
“By order and in I lie name of (he Government of Maharashtra. ....