SC to hear PIL against prior approval to investigate govt official for corruption on November 20
Oct 06, 2023
New Delhi [India], October 6 : The Supreme Court on Friday posted for hearing on November 20 a plea challenging the constitutional validity of a provision of the Prevention of Corruption Act which mandates obtaining prior sanction from the competent authority before initiating an inquiry against a public servant in a corruption case.
A bench of Justices BV Nagarathna and Ujjal Bhuyan said it would hear the case on November 20.
Advocate Prashant Bhushan, appearing for petitioner NGO 'Centre for Public Interest Litigation' (CPIL), told the bench that the plea challenges the amendment to the Prevention of Corruption (PC) Act which says that no inquiry or investigation in any corruption case can be done without the prior approval of the government.
On November 26, 2018, the apex court issued a notice to the Centre seeking its response on the plea against the validity of amended section 17A (1) of the PCA.
During the hearing, Bhushan said as per the amended section, no inquiry, enquiry or investigation in a corruption case can be done without the prior sanction of the government.
The plea alleged 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 has already been held unconstitutional by the Supreme Court twice.
According to the amended Act, prior sanction for inquiry 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 said.
"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," the plea added.
The petition also challenged the constitutional validity of section 13 (1) (d) (ii) (criminal misconduct) of the PC Act, which made it an offence for a public servant to obtain for himself or any other person any valuable thing or pecuniary advantage by abuse of office.
