Job scam: No SC relief for former minister Kahlon

R Sedhuraman

Legal Correspondent

New Delhi, November 25

The Supreme Court today rejected the plea of former minister and Assembly speaker Nirmal Singh Kahlon that he should not be prosecuted for the Panchayat Secretaries appointment scam during 1997-2002 as there was no official sanction for the purpose.

A Bench comprising Justices NV Ramana and AM Khanwilkar dismissed his petition, observing that the sanction was needed for prosecution only if the charges pertained to discharge of official functions.

In this case, the petitioner was facing charges of forgery, bribe and destruction of evidence, which were not part of official work.

Arguing for Kahlon, senior counsel KV Viswanathan pointed out that the competent authority had rejected the plea for sanction in January. The prosecution should either challenge the refusal of sanction or gather further evidence before proceeding against his client, he pleaded.

The Bench, however, said the trial court would go into the question of sanction at the time of framing of charges or during trial.

Last year, Kahlon was summoned by the CBI Special Court at Patiala to face the trial for the scam involving recruitment of 909 panchayat secretaries. The HC dismissed his plea challenging the trial court order, prompting him to approach the SC.

The case was registered in June 2003. Kahlon and other officials were charged with corruption, forgery and abuse of power.