Section 17A sanction and a claim of not being employed in the State's affairs: the Kerala PSC plea in the High Court

28 October 2026

Justice A. Badharudeen of the Kerala High Court has posted for final hearing on 2 November the Kerala Public Service Commission's petition against the Crime Branch case on its examination evaluation. The petition is Kerala Public Service Commission and Anr. v. State of Kerala and Anr., WP(Crl.) 1497/2026.

The FIR is registered under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023 — criminal breach of trust — and under Section 7(c) and Section 13(1)(a) of the Prevention of Corruption Act. The State granted sanction to prosecute under Section 17A of that Act, the provision that requires prior approval of the competent authority before a police officer may even inquire into a decision taken by a public servant in the discharge of official functions.

The Commission asks the Court to quash the sanction and the FIR, and to declare that the Commission and its staff are not persons employed in connection with the affairs of the State, so the State cannot sanction their prosecution. Director General of Prosecution T.A. Asaf Ali told the Court the plea is not maintainable and that the investigation is progressing. The post at issue was notified in 2022 and a shortlist of 10 candidates was published in February 2025; a preliminary inquiry was ordered in June 2026.