SC split verdict on ‘prior sanction’ to probe govt servants

The Supreme Court 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.

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While Justice BV Nagarathna said Section 17A of the Prevention of Corruption Act is unconstitutional and needs to be struck down, 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.