A two-judge bench of the Supreme Court on Tuesday delivered a split verdict on the constitutionality of an amendment to the Prevention of Corruption Act mandating prior permission from the government to begin an investigation against a public servant under the law, Bar and Bench reported.
Justice BV Nagarathna held that the provision, Section 17A of the Act, contravenes the Constitution. On the other hand, KV Viswanathan upheld the provision, but read it down to state that sanction should depend on the recommendation of the Lokpal or Lokayukta, Live Law reported.
The Lokpal at the Centre and the Lokayukta at the state level are anti-corruption ombudsmen.
On account of the divergent views, the court directed that the case be placed before the chief justice, who could direct another bench to decide on the questions at hand.
The amendment to the Act requiring prior sanction was introduced in 2018. Earlier, such an approval was necessary only for inquiries against officials above the rank of a joint secretary.
Nagarathna said that the requirement of prior sanction contradicted the objective of the Act, Bar and Bench reported. “This section is nothing but an attempt to resurrect the section, which was struck down and is thus an attempt to protect the corrupt,” she said.
However, Viswanathan said that an independent entity that is free from the executive must decide on…
Source: SC delivers split verdict on validity of provision requiring government nod to probe public servants
