SC delivers split verdict on validity of Prevention of Corruption Act

The Supreme Court on Tuesday delivered a split verdict on the constitutional validity of a 2018 provision of the anti-graft law which mandates prior sanction for initiating a probe against a government servant in a corruption case. While Justice BV Nagarathna said Section 17A of the Prevention of Corruption Act is unconstitutional and needs to be struck down and question of sanction must be decided by the Lok Pal or the Lok Ayukta, Justice KV Viswanathan held the provision as constitutional while stressing on the need to protect honest officers.

Section 17A of the Prevention of Corruption Act, 1988, introduced in July 2018, bars any “enquiry or inquiry or investigation” against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority. The top court's judgement came on a PIL filed by NGO 'Centre for Public Interest Litigation' (CPIL) against the validity of amended section 17A of the Prevention of Corruption Act.Requirement of prior sanction is contrary to the Prevention of Corruption Act, forecloses inquiry and protects corrupt, Justice Nagarathna said.

The case will now be placed before Chief Justice of India Surya Kant for forming a larger bench to hear the matter for a final decision.Advocate Prashant Bhushan, appearing for the NGO, had argued that the provisions crippled the anti-corruption law as sanctions were not usually forthcoming from the government, which was the ‘competent authority’. Solicitor General Tushar Mehta had appeared for the Union government.