The Supreme Court on Tuesday severely indicted the Prime Minister’s Office over the “delay” in granting sanction for prosecuting former communications minister A. Raja in the 2G spectrum scam. It has, however, not held Prime Minister Manmohan Singh “directly” responsible for the delay.
Allowing Janata Party president Subramanian Swamy’s petition against the Delhi high court order refusing to direct the PM on his plea for Mr Raja’s prosecution, the court clearly upheld the right of a private citizen to seek sanction for prosecution of a public servant for corruption.
The court also called for Parliament’s intervention to “restructure” provisions of the Prevention of Corruption Act to provide for an appropriate time limit, perhaps up to a maximum of four months, for grant of such sanction, failing which it should be deemed granted.
Rejecting attorney-general G.E. Vahanvati’s arguments, a bench comprising Justices G.S. Singhvi and A.K. Ganguly held that Dr Swamy had the locus standi to seek sanction.
The court indirectly hinted as the competent authority for granting sanction, the PM was duty-bound to take an early decision either way — granting sanction or refusing it — as the basic purpose of the law was to ensure a speedy trial in all corruption cases, particularly as this poses a grave threat to governance.
The court also “indicted” the Union law ministry for not apprising the PM on the “seriousness of the allegations” against Mr Raja.
The PMO sought to absolve Dr Singh of all blame. In a statement after the court order, the PMO said: “We welcome the fact that both learned judges have completely vindicated the Prime Minister while appreciating the onerous duties of his office.” The statement added: “The government is examining the directions regarding the manner in which applications for sanctions are to be dealt with.”