"The three-month deadline set by the Supreme Court for grant of sanction to prosecute corrupt officials is a step forward, but why not do away with prior sanction altogether?"
The apex court directive that the sanction for prosecuting a public servant under the Prevention of Corruption Act 1988 should come within three months of a request from an investigation agency is a shot in the arm for all those standing for probity in public life. Also welcome is the ruling that every citizen has a fundamental right to file a complaint under the PC Act. The Hindu : Opinion / Op-Ed : Ninety days too many.
Many governments in the past had been holding on to a request without passing any orders or by raising a few inane questions to the CBI to delay the whole process and to help a favourite civil servant in the docks, who was not only personally dishonest but was a man ‘who knew too much'!
This direction by Supreme court makes severe inroads into the Executive's discretion and capacity to protect corrupt elements in government. However, a question allied to the apex court decision is whether the Executive enjoys absolute authority to refuse or accord sanction. This is a serious lacuna in the drive against corruption. A dishonest public servant can and will be protected by a government that used him in dishonest adventures.
Public opinion should prevail upon the Lok Sabha that the requirement for government sanction should be dispensed with. Only this would take the fight against corruption one step further in the right direction..!
R. K. Raghavan,the author, is a former CBI Director.
The apex court directive that the sanction for prosecuting a public servant under the Prevention of Corruption Act 1988 should come within three months of a request from an investigation agency is a shot in the arm for all those standing for probity in public life. Also welcome is the ruling that every citizen has a fundamental right to file a complaint under the PC Act. The Hindu : Opinion / Op-Ed : Ninety days too many.
Many governments in the past had been holding on to a request without passing any orders or by raising a few inane questions to the CBI to delay the whole process and to help a favourite civil servant in the docks, who was not only personally dishonest but was a man ‘who knew too much'!
This direction by Supreme court makes severe inroads into the Executive's discretion and capacity to protect corrupt elements in government. However, a question allied to the apex court decision is whether the Executive enjoys absolute authority to refuse or accord sanction. This is a serious lacuna in the drive against corruption. A dishonest public servant can and will be protected by a government that used him in dishonest adventures.
Public opinion should prevail upon the Lok Sabha that the requirement for government sanction should be dispensed with. Only this would take the fight against corruption one step further in the right direction..!
R. K. Raghavan,the author, is a former CBI Director.
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