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Notice to govt on PIL against prior nod to probe ‘babus’

NEW DELHI: The Supreme Court on Monday issued notice to the Centre on a PIL challenging the validity of a provision in the Anti-Corruption Act mandating prior sanction to initiate corruption probes against government officials.

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Tribune News Service

New Delhi, November 26

The Supreme Court on Monday issued notice to the Centre on a PIL challenging the validity of a provision in the Anti-Corruption Act mandating prior sanction to initiate corruption probes against government officials.

A Bench headed by Chief Justice of India Ranjan Gogoi asked the Centre to respond to the PIL filed by Centre for Public Interest Litigation’ (CPIL) against the amended section 17A (1) of the Act, which, the petitioner alleged, rendered the PC Act almost ineffective.

“We think that you are entitled to a hearing and so we have issued the notice,” said the CJI after petitioner counsel Prashant Bhushan submitted that the amended provision made prior sanction of appointing authority essential to investigate government servants in corruption cases.

The petitioner NGO alleged that the amended provision curtailed investigation against corrupt officials at the threshold. It was the third attempt by the government to introduce a provision which had already been held un-constitutional twice by the top court, it said.

According to the amended Act, prior sanction for enquiry or investigation 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 enquiry cannot be made without prior sanction,” it said.

The plea has claimed that discretion to determine whether or not an alleged offence is relatable to any recommendation made or decision taken by a public servant could become a matter of litigation and would impede time-bound action on cases of corruption.

“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 plea further claimed that obtaining of prior sanction to commence investigation not only took away the element of secrecy and surprise but introduced a period of delay during which vital evidences can be manipulated or destroyed and gave time to the accused to lobby by employing various means for denial of permission.

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