Sanctioning change

The high court judgment on the Shibu Soren case and the subsequent sentencing of a former Cabinet minister to a life term have caused fear and consternation in the corridors of power. The armour of immunity that power was considered to impart 8212; and in fact has so far imparted 8212; suddenly appeared rather fragile. The long arm of the law has demonstrated its ability to reach the criminal, no matter whether he or she is situated in the highest echelons of power.

Wednesday8217;s Supreme Court judgment, dealing with an entirely different set of issues, seemed to take the idea further. The two-judge bench of the apex court ruled that there is no need for prior sanction under Section 197 of the Criminal Procedure Code from the competent authority to prosecute public figures if the crimes they stand accused of relate to bribery and corruption. This verdict was in response to a raft of petitions 8212; filed by, among others, Rabri-Lalu Prasad Yadav and Parkash Singh Badal 8212; challenging the sanction given to prosecute them. To understand its importance, it may be useful to remember an earlier five-bench Supreme Court verdict, relating to a matter concerning Madhya Pradesh, which upheld the authority of governors to act on their own and grant sanction of prosecution even if orders to the contrary were issued by the council of ministers. The court had, at that point, expressed trepidation that democracy itself would be at stake if people in power break the law, knowing very well that they would escape prosecution as the requisite sanction would not be granted.

The cases against the petitioners relating to disproportionate assets will now, of course, continue. But the import of the latest verdict goes beyond this. The court has conveyed a very strong message that political corruption will no longer be countenanced; that every escape route, every loophole in the law, which had allowed such crimes to flourish will be addressed. And the court 8212; make no mistake 8212; is only reflecting the common sense of the times. The political class, therefore, had better read this verdict 8212; and the writing on the wall 8212; right. The days of the old-style politics of nudge-and-wink are numbered. Escaping the consequences of corruption has just got tougher.