2G case: SC allows Swamy’s petition on grant of sanction

Dr.Swamy tweets:
Swamy391:52am via Webmany thanks to all patriotic tweeples who kept faith and to God for the decision tday. Now I may bypass Vadra and go straight to Sonia.

Now to the news:

On a case filed by Janata Party president Subramanian Swamy seeking prosecution of former Telecom Minister A. Raja, the Supreme Court bench on Tuesday said that right to file a complaint against a public servant under the Prevention of Corruption Act is a constitutional right. File photo

PTI On a case filed by Janata Party president Subramanian Swamy seeking prosecution of former Telecom Minister A. Raja, the Supreme Court bench on Tuesday said that right to file a complaint against a public servant under the Prevention of Corruption Act is a constitutional right. File photo

Setting aside the Delhi High Court judgement on sanction of prosecution in 2G case, the Supreme Court on Tuesday held that filing of a complaint under the Prevention of Corruption Act is a constitutional right of a citizen and the competent authority should take a decision on giving the sanction within a time frame.

If the sanction is not given within four months then it is deemed to have been granted, the two judge bench of the apex court held in a case filed by Janata Party chief Subramanian Swamy seeking a direction to the Prime Minister for sanction to prosecute the then Telecom Minister A Raja.

The bench comprising justices G.S. Singhvi and A.K. Ganguly held that Mr.Swamy had the locus standi to seek sanction for Mr. Raja’s prosecution.

It said sanction should be granted within a time frame and the competent authority shall take action in accordance with the guidelines laid down by the apex court in the Vineet Narain case of 1996.

Justice Ganguly, who wrote a separate judgement, agreed with Justice Singhvi and said sanction would be deemed to be granted if the competent authority fails to take a decision within a period of four months.

The bench said that right to file a complaint against a public servant under the Prevention of Corruption Act is a constitutional right.

The bench said it was not accepting certain submissions made by the Attorney General in defending the stand of Prime Minister’s Office.

The court said it was not declaring as ultra vires the provisions of the Prevention of Corruption Act.

The apex court had reserved its judgement on November 24, 2010 on the petition filed by Mr. Swamy alleging that there was delay in taking action on his plea seeking sanction to prosecute Mr. Raja.

Mr. Swamy, who had made the Prime Minister a party in the case, had initially sought a direction to the Prime Minister to take decision on sanction to prosecute Mr. Raja but later on he sought framing of guidelines on the issue as his plea became infructuous with the resignation of the DMK leader as telecom minister on November 14, 2010.

He had alleged that there was an “inordinate delay” on part of the prime minister in taking a decision on his plea for grant of sanction to prosecute Mr. Raja in the scam and his plea was neither allowed not rejected for over 16 months.

The PMO had, however, refuted all the allegations and filed an affidavit before the apex court maintaining that the request for sanction for prosecution of Mr. Raja was considered by the prime minister and that he was advised that evidence collected by CBI was necessary before taking a decision.

The government said as the CBI probe was going on it was necessary to wait for its completion before taking any decision on granting sanction.

Mr. Swamy had approached the apex court challenging the Delhi High Court judgement that had refused to pass any direction to the prime minister for taking decision on sanction.

http://www.thehindu.com/news/national/article2845351.ece

About janamejayan

A Viraat Hindu dedicated to spread the message of Paramacharya of Kanchi
This entry was posted in 2G Spectrum Scandal, Anti-national Congress Party, Dr.Subramanian Swamy. Bookmark the permalink.

3 Responses to 2G case: SC allows Swamy’s petition on grant of sanction

  1. Raman says:

    It is a landmark judgment by the apex court and even the SC had taken almost one and a half years to pronounce this is amazing.Anyway hats off to Dr.Swamy that he has succeeded in the first case.People like Narayanaswamy,Mani Shankar were blabbering over the verdict as if the same is not directed against PM.Of course even Dr.Swamy has not desired the apex court to pronounce any direction to blame the PM by the apex court.The apex court has however held that the citizen of India has a right to get the public servant prosecuted with sanction within four months and if no sanction is obtained without sanction.But the SC has put a rider that the necessary amendment may be made to the Prevention of Corruption court by the Parliament.It is also not known from when the order will come into effect.Govt may take its own time to introduce a bill to amend the PC Act and in that case what will be the position and what about the more than 100 pending cases waiting for sanction from the competent authorities and whether they will also be covered by this order or not or in other words whether the order will have retrospective effect or only prospective?These are some of the questions which remain unanswered.Narayanaswamy an incompetent minister says that the effect of the order has already been covered by Lokpal.So ridiculous and obnoxious theory as the Lokpal was introduced only in the winter session of 2011 after Anna Hazare made a great fight.If he has not made such a fight the same would not have come to the Parliament.Congress contains such stupid ministers like Narayanaswamy,Kabil Sibal,Salman Khurshid and lawyers like Singhvi,Manish Tiwari both are blabberers ,Manish is the worst and they try to defend the indefensible.I have not seen any mature minister in this Congress team except perhaps the Maken and some others.Even Pranab is at times worst but it is his fate to defend the Govt and Sonia and he is doing that as if it is his fate or else such a man of some sense has to do the role of the defender of all the notorious activities of the stupid fellows like Rahul and others.What is more important is how to fix Chidambaram and if the judges give a verdict in that also it will be a great day for celebration.To be seen.

  2. Adesh Midha says:

    Loved your comment Raman. I agree point to point.

    Yesterday, on NDTV debate, Swamy outplayed Mani Shankar Iyer with his brilliance and intellect. Iyer was seen blabbering and uselessly defending the indefensible.

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