The Supreme Court on Tuesday said the government should decide on granting sanction for prosecution of officials accused of corruption within three months. If the Attorney General had to be consulted, an additional month may be given, it said. The court suggested a legal amendment to the effect that if the sanction was not granted within four months, it be deemed as given.
A two-judge bench, in an appeal moved by Janata Party leader Subramanian Swamy, said the present state of affairs “virtually imposes fetters on private citizens and also on prosecutors from approaching the court against corrupt public servants. These protections are given so that they can perform their duties without fear and favour and without threats of malicious prosecution.”
However, the protection against malicious prosecution extended in public interest could not become a “shield” to protect corrupt officials, the judgment said. It relied on the 1998 Vineet Narain case (aka the ‘Jain Hawala case’) to reinforce its mandate.
The bench of judges G S Singhvi and A K Ganguly stated, while considering the issue regarding grant or refusal of sanction, that the only thing the competent authority was required to see was whether the material placed by the complainant or the investigating agency prima facie disclosed commission of an offence.
“We welcome the fact that both the learned judges (of the Supreme Court) have completely vindicated the Prime Minister, whilst appreciating the onerous duties of his office,” a statement issued by the Prime Minister's office said. “Government is examining their (court's) directions regarding the manner in which applications are to be dealt with,” it said.
The opposition BJP meanwhile said the court observations were a “second indictment” of Prime Minister Manmohan Singh after the CVC fiasco and hoped he would draw the “right lessons” and “not defend any corrupt minister”.
