2G case: Supreme Court allows Swamy's petition on sanction of prosecution

The Supreme Court on Tuesday held that filing of a complaint under the Prevention of Corruption Act is a constitutional right of a citizen and the competent authority has to decide within a time frame on granting sanction of prosecution of a public servant.

While setting aside the Delhi High Court order refusing to give direction to the Prime Minister on the request for sanction of prosecution against the then Telecom Minister A Raja in the 2G scam case. The two judge bench of the High Court held that if the sanction is not given within four months then it is deemed to have been granted.

The bench comprising of justices, G.S Singhvi and A.K Ganguly held that Janata Party President Subramanian Swamy, who had sought for sanction for the prosecution of Mr. Raja, had the locus standi to seek it.

It said that the sanction should be granted within a time frame and the authority shall decide in accordance with the guidelines laid down by the Supreme Court in Vinnet Narain case of 1996.

Justice Ganguly, who wrote a separate judgement agreed with justices G.S Sighvi and said santion would be deemed to be granted if the competent authority fails to take a decision within a period of four months.

The bench added that the right to file a complaint under the Prevention of Corruption Act is a constitutional right.

The bench also added that it was not accepting certain submissions made by the Attorney General in defending the stand of Prime Minister's office.

 Mr. Swamy alleged that there was an inordinate delay on part of the Prime Minister in taking a decision of his plea for granting sanction to prosecute Mr. Raja in the scam and his plea was neither allowed nor rejected for over 16 months.

The court said it was not declaring as ultra vires the provisions of the Prevention of Corruption Act.

The Apex Court had reserved its order on November 24, 2010 on the petition filed by Mr. Swamy alleging that there was delay in taking action on his plea seeking sanction to prosecute Mr. Raja.

The government said as the CBI probe was going on it was necessary to wait for its completion before taking any decision on granting sanction.

 Mr. Swamy had approached the Apex Court challenging the Delhi High Court judgement that had refused to take any direction to the Prime Minister for taking decisions on sanction.

Reported by

     AR