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Give sanction in 4 months to try corrupt public servant: SC to govt

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Krishnadas Rajagopal

Posted: Jan 31, 2012 at 1106 hrs IST

In a ruling that has come as a setback for the government while effectively removing a major roadblock to try the corrupt, the Supreme Court on Tuesday ruled that the government will have to give the nod to prosecute a corrupt minister or a public servant within four months of the request.

The apex court ruled the government can take one month for legal opinion, and three months thereafter for deciding on sanction, failing which sanction will be deemed to have been granted by default.

The Supreme Court asked the Parliament to amend Section 19 of the Prevention of Corruption Act to make provision for this ruling.

Janata Party leader Subramanian Swamy had approached the Prime minister's office to seek sanction against former Telecom minister A Raja for his alleged role in the 2G spectrum scam. Swamy waited 16 months for the sanction before he heard from the Prime Minister's office. Swamy then took the case to the Supreme Court which on Tuesday said he had the locus standi to seek sanction from the Prime Minister to try Raja.

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