New Delhi: The CBI is awaiting sanction for prosecution from authorities concerned in 39 corruption cases for over three months, the government said on Wednesday.
The CBI has stated that "there are 82 requests in 39 cases pending for sanction for prosecution for over three months as on March 31, 2012 under the Prevention of Corruption Act, 1988 in various ministries, departments and state governments," Minister of State for Personnel, Public Grievances and Pensions V Narayanasamy told the Lok Sabha.
Of these, 19 cases are related to Ministry of Finance, four to Ministry of Railways, three each to Ministry of Coal and Mines and Government of Rajasthan and two each of Ministry of Home Affairs and Government of Assam.
"Even though a time limit of three months has been prescribed for deciding cases of sanction for prosecution, it is sometimes not possible for the concerned ministries or departments to adhere to this time limit.
"The delay is often caused due to detailed analysis of the available evidence, consultation with Central Vigilance Commission, state governments and other agencies, and sometimes non-availability of relevant documentary evidence," Narayanasamy said in a written reply.
In another reply, the minister said that in Lokpal and Lokayuktas Bill, 2011 it has been provided that `no prior sanction` under Section 19 of the Prevention of Corruption Act, 1988 or under Section 197 of the Code of Criminal Procedure shall be required for launching prosecution in cases inquired by the Lokpal or initiated on the direction and with the approval of Lokpal.
"The requirement of previous sanction is intended to afford a reasonable protection to a public servant from frivolous, malicious or vexatious prosecution and to save him from unnecessary harassment or undue hardship which may result from an inadequate appreciation of the technicalities of the working of a department...
"The requirement of previous sanction is not aimed at shielding the corrupt but protecting honest public servant," the Minister said.