Reply to plea against prior nod to probe official for graft, govt told

New Delhi, February 15

The Supreme Court today granted time till February 18 to the Centre to file its response on a plea challenging the constitutional validity of a provision of the anti-graft law that mandates prior sanction for starting a probe against a government official in a corruption case.

A Bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna took note of the submission of Solicitor General Tushar Mehta, appearing for the Centre, and allowed him to file the response by Monday.

The Bench said NGO Centre for Public Interest Litigation (CPIL) could file its rejoinder within a week after the Centre filed its response.

Earlier, the apex court had issued notice to the Centre on the PIL, filed through lawyer Prashant Bhushan, challenging the validity of amended Section 17A (1) of the Prevention of Corruption Act.

The plea said the amended provision makes prior sanction of appointing authority essential to launch investigation against government servants in corruption cases.

It has alleged that the amended section curtailed investigation against corrupt officials at the threshold and it was the third attempt by the government to introduce a provision that had already been held unconstitutional twice by the apex court.

It has said that according to the amended Act, prior sanction for inquiry is required only 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 inquiry cannot be made without prior sanction,” it said. — PTI