The Indian Supreme Court, led by Chief Justice D Y Chandrachud, is moving to expedite a public interest litigation (PIL) that challenges the constitutional legitimacy of a clause in the nation’s anti-corruption statute. The debated clause requires pre-approval to investigate a government official accused of corruption.
This litigation, initiated by the Center for Public Interest Litigation (CPIL), particularly opposes Section 17A (1) of the amended Prevention of Corruption Act, stating it obstructs corruption investigations. This section makes it necessary to secure the approval of the authority that appointed the accused government servant before starting an investigation.
The litigants argue that this amendment has three major implications. Firstly, it hinders corruption investigations from the start, a provision previously deemed unconstitutional by the apex court. Secondly, it complicates police inquiries, as determining whether an alleged offence pertains to an official recommendation or decision is extremely challenging without prior permission. Lastly, the litigation warns that this discretion could ignite litigation that might slow corruption case progression.
Furthermore, the petition asserts that this requirement for prior sanction not only removes the element of surprise but introduces delay, allowing potential for manipulation of critical evidence and providing the accused with the opportunity to lobby for denial of permission. The bench also includes justices P S Narasimha and Manoj Misra, who acknowledged the need for an early hearing of the case, originally initiated in November 2018 but postponed till now.
