A wake-up call for all political parties

This is not the first time the Supreme Court has asked government departments to clear requests for grant of sanction for prosecution within three months

This is not the first time the Supreme Court has asked government departments to clear requests for grant of sanction for prosecution within three months.

In 1997,in a landmark judgment in the Vineet Narain versus Centre case,a three-judge Bench ordered that the time limit of three months for grant of sanction for prosecution should be strictly adhered to. The same judgment also said an additional time of one month would be allowed where consultation is required with the Attorney General AG or any other law officer.

Basically,what the Supreme Court has done today is to reiterate the judgment of 1997. No political party should politicise the issue and instead treat it as a wake-up call. The legislature should lead the way and pass a law pertaining to what the SC has said, said Vineet Narain.

In December,in its report on the Lokpal Bill,the Parliamentary Standing Committee on Personnel,Public Grievances,Law and Justice recommended that all provisions for prior sanction/prior permission in corruption cases,including those not covered by the Lokpal,should be repealed and there should be no requirement of sanction of any kind in respect of any category of officers.

A few years ago,another Parliamentary Standing Committee had gone a step further and said once the CBI came to the conclusion that prosecution was necessary and Director of Prosecution concurred,sanction should be given within 15 days.

On June 23,2010,the Central Vigilance Commissioner issued guidelines to all ministries and departments,asking them to strictly stick to the time-frame fixed in the Vineet Narain judgment.

It is good that the SC has gone further than what was ordered in the Vineet Narain judgment. However,the moot question is what happens to pending applications for grant of prosecution sanction, asked senior Supreme Court lawyer P P Rao.

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Todays judgment plugs a major loophole by providing for deemed sanction, said senior Supreme Court lawyer and Law Commission of India vice chairman K T S Tulsi.