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Tribune News Service
New Delhi, November 26
The Supreme Court on Monday issued notices to the central government over a public interest litigation that challenged a recently amended clause in the country’s anti-corruption law that makes sanction necessary for graft investigations against government officials.
A Bench headed by Chief Justice of India Ranjan Gogoi asked the central government to respond to the Centre for Public Interest Litigation’s petition against the amended Section 17A (1) of the Act. The petitioner said the new amendment made the Act almost ineffective.
“We think that you are entitled to a hearing and so we have issued the notice,” the CJI said after the petitioner’s counsel Prashant Bhushan made his case.
The NGO claimed that this was the government’s third attempt introducing a provision that the highest court of the country had already held unconstitutional twice before.
The section, amended through an Act titled ‘The Prevention of Corruption (Amendment) Act, 2018’, made prior sanction necessary for investigations “where the alleged offence by a public servant is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties”.
“It would be extremely difficult for the police to determine whether a complaint about an alleged offence is relatable to any recommendation made or decision taken by a public servant, especially as even an enquiry cannot be made without prior sanction,” it said.
The petition said that such cases could become a matter of litigation, delaying “time-bound” action.
“The impugned amendments have rendered the PC Act almost ineffective by completely diluting the scope of some of the original provisions, by deleting some of the earlier offences and also by introducing new provision, which in effect would protect corrupt officials and exponentially increase level of corruption,” it said.
The petition said that obtaining sanction to begin investigation not only took away the element of surprise, but also introduced a delay that could lead to tampering of evidence. It also gave suspects time to try to skirt investigations.
”The seeking of permission in itself (sic) becomes a cause for corruption as it introduces yet another discretion, at the crucial stage of commencement of investigation. Often this discretion of granting permission has conflicts of interest as the matter is referred to the very same department in which the corruption took place,” it said.
Parliament passed ‘The Prevention of Corruption (Amendment) Act, 2018’ on July 24 this year.