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Swamy’s petition on sanction: 2G case
On Tuesday the Supreme Court has held the filing of the complaint under the Prevention of Corruption act is a constitutional right of a citizen and the government has obtained this decision in the 2G case. However they have finally decided to grant the sanction of the prosecution of a public servant.
Two-Judge bench of court has decided that if the sanction is not being given in within four months of duration then it is deemed to be granted. However the judgment of the Delhi court was kept aside, that is they rejected the request for the sanction and the prosecution against Telecom Minister A Raja.
G S Singhvi and A K Ganguly are the two judges of the bench and sanction for prosecution for the Janata Party President Subramanian Swamy was given. Nevertheless A. Raja has a locus standi to be seeked. There is being a guidelines proposed for the court in sanctioning the prosecution.
The competent authority is responsible in providing the sanction in 4 months and action would be preceded and the guidelines will be laid down by the apex court in 1996, in Vineet Narain case. With the agreed decision Justice Ganguly gave a separate Judgment and mentioned that bail will be granted in the competent authorities fail to provide a decision in a period.
However the argument of Attorney General G.E. Vahanvati was rejected by the bench of two judges. He argued in the question of granting sanction for prosecution of a public servant charged with any of the offences that has been filed under the section 19(1).
This section would arise only when the court has decided to have any knowledge and any kind of immature requests. The Article 14 is about ‘due process of law’, and the Justice Ganguly said that the parliament should consider on the constitutional imperative of article 14.
Swamy’s petition on sanction: 2G case
Originally published on: All India Today
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