SC approached on prosecuting govt officials without sanction
New Delhi: A petition was on Friday filed in
the Supreme Court proposing it give a direction to central and
state governments' investigating agencies to initiate criminal
proceedings against government officials if necessary sanction
for their prosecution is not granted within mandatory 90 days.
The petition, filed by an advocate, said such a direction
was required as there were 319 officials against whom criminal
cases were not proceeding as the Centre and state governments
are sitting on the request for granting sanction.
"From the past experience, it appears that the sanction
has lost its relevence especially in the absence of timeframe
wherein the sanction could be granted," advocate Santosh
Tripathi said in his petition.
He alleged there were around 126 cases involving 319
officials who have been accused under the Prevention of
Corruption Act but the proceedings against them could not be
initiated due to absence of sanction from the concerned
"It is prayed that the court may issue a direction to
the authorities concerned to file the chargesheet against the
cases wherein the request pending for sanction for more than
90 days," he said adding "in the absence of any decision with
due communication, it shall be deemed that the sanction has
been accorded, chargesheet shall be filed and the trial court
shall proceed to logical end."
He also referred to a recent judgement of the Allahabad
High Court which held that sanction was not mandatory in
"Indulgence in corrupt practices deliberately, willfully
and intentionally is a privae conduct and does not fall in
public domain. Being of personalised nature of such corrupt
practice, sanctions will not be required under the Prevention
of Corruption Act," he said referring to the judgement.