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| Five big facts about Supreme Court |
| Five big facts about Supreme Court verdict on Subramanian Swamy's plea
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| INDIA
, 31-January-2012
6:37:33 AM |
| The Supreme Court has today said that the right to file a complaint against a public servant under Prevention of Corruption Act is a constitutional right. The court's verdict has important implications for charges of corruption against government servants. Here are five big facts about the case:
1) What is the verdict? The Supreme Court has recommended that the government or competent authority should decide within four months on any petition that asks for permission to prosecute a bureaucrat, minister or public official. If there is no response at the end of four months, the assumption should be that proceedings can begin against the official in question. Currently, the Criminal Procedure Code (CrPC) and the Prevention of Corruption Act state that a public servant cannot be prosecuted without a sanction from an appropriate administrative authority. This is meant to protect a public servant from malicious complaints that could result from his official duties. Sanction has to be granted by the union government in the case of central government employees and the state government for those employed in that particular state. In the case of a union minister, it is the President acting on the advice of the Prime Minister. In the case of a Chief Minister, it is the state's Governor.
2) Why is this a setback for the government? The verdict today is based on a case filed by Janata Party President Subramanian Swamy. He waited for nearly 16 months for the Prime Minister's office to decide on his petition asking for permission to prosecute former Telecom Minister A Raja. The Supreme Court has ruled that Mr Swamy had every right to approach the Prime Minister's office directly. By establishing a four month time limit, the court has also implied that the delay in handling Mr Swamy's petition was inappropriate.
3) Subramanian Swamy and the 2G scam: The Janata Party President is a key player in the investigations into the telecom scam,
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