PC Act Sanction for Prosecution: SC Split Verdict, Matter Referred to CJI -our old post.
Gustakhi Maaf Haryana-Pawan Kumar Bansal
Our post .”Sanction under PC act for prosecution-Shield to protect corrupt or check on misuse by investigation agencies-“SC split verdict on issue – ball in court of CJ.
Close on wheels of our post “Prior sanction for prosecuting officers-Shield to protect corrupt or check on misuse of powers of investigation agencies “Supreme Court has delivered split verdict on the issue.Justice Navarathna said “Section 17 A of PC Act needs to be struck down while Justice KV Vishwanath calls it constitutional.”Now ball is in the court of Chief Justice Surya Kant.
Presiding over two judge -bench ,Justice BV Navarathna held the sanction as “ unconstitutional “ and one that “protects the corrupt “.Justice KV Vishwanath said “ it is constitutionally valid subject to the condition that grant for the refusal of the approval by the competent authority..will depend on the recommendation of the Lokpal/lokayukta.
“The issue shot headlines with Haryana government,s refusal to grant sanction of prosecution against half a dozen IAS officers .It goes to the credit of ex Anti Corruption Beauro chief Shatrujit Kapoor that first time in the History of Haryana several IAS officers were booked under corruption Act contrary to past when only petty officers were used to be arrested.The IAS Lobby prevailed upon CM Naib Saini that booking IAS officers without prior sanction under PC act amounts to their harassment.
Responding to our post a senior IPS officer on condition of anonymity has commented “It is the Chief Secretary office which forwards the complaints to ACB for enquiry. The findings of the enquiry are submitted to CS office and it is only after green signal from CS that ACB lodges FIR and starts investigation. Hence there is no question of any “harassment of officers” by ACB.
Related news: