On Govt table: change law to ensure sanction for prosecution of politicians

NEW DELHI, MAY 13: A set of significant amendments to the Prevention of Corruption Act (PCA), 1988 is on the anvil, presently being discussed by a Group of Ministers (GoM) headed by Home Minister Shivraj Patil. Among the four proposed amendments to the PCA is one to prescribe a sanction-granting authority for prosecution of MPs, members of state legislatures and local bodies. This issue has been hanging fire ever since the Supreme Court delivered its judgment in the JMM bribery case in 1999 in which MPs and MLAs were also included in the category of “public servants”.

Another amendment under consideration is one to insulate retired public servants — both bureaucrats and politicians — from prosecution without the CBI seeking sanction as is the case now.

The list of proposed PCA amendments, available with The Indian Express, are:

• Amendment of Section 19 (1) of the Prevention of Corruption Act to prescribe a “competent authority” to grant sanction for prosecution of MPs, MLAs and local bodies.

• Deletion of Section 1 13 (1) (d) (iii) of the Act which deals with public servants being booked for decisions taken where a loss to the national exchequer has been made out. The view is that this provision restricts public servants and bureaucrats from taking decisions on a file where a financial transaction has been made out and that the existing provisions are sufficient as a deterrent in the event of a case under the PCA.

• For protecting retired public servants, bringing Section 19 of the PC Act at par with Section 197 of the Criminal Procedure Code. As of now, the CBI is not required to seek sanction before booking retired public servants under the PCA. Several retired bureaucrats have complained to the Government about the “over-zealousness” of the CBI.

• Amendment to provide for forfeiture of property of corrupt public servants, even during the trial period, within the scope of the PCA. This will be a new clause and will also require a consequent amendment in the Criminal Law (Amendment) Ordinance, 1944.

The GoM, which also comprises Law Minister H R Bhardwaj, Personnel Minister Suresh Pachauri and Science and Technology Minister Kapil Sibal, has already held two meetings. “The issue is being dealt with a sense of urgency in the Government since amendments to the Act have long been delayed,” Government sources said.

Significantly, after the two meetings of the GoM, the Government has decided to consult members of other political parties on the proposals, especially with regard to the inclusion of MPs and MLAs under the ambit of the Act as well as the listing of competent authorities (like the President, Governor, Chief Secretary) to grant prosecution sanction.

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