Supreme Court Seeks Data From Centre On Sanctions Granted/Refused Under S.17A PC Act To Investigate Corruption Cases Since 2018

The Supreme Court recently sought details from the Union Government as to in how many cases sanction has been granted or refused under Section 17A of the Prevention of Corruption Act, 1988 (as amended in 2018) to launch an investigation against a public servant.

"...we direct the Union of India to place a Statement vis-a-vis the operation of Section 17A of the said Act by detailing as to in how many cases, permission has been granted for carrying on the inquiry or investigation into any offence alleged to have been committed by a public servant under the provisions of the Act where the alleged offence is relatable to any recommendation made or decision taken by a public servant in discharge of his official functions or duties and in how many other cases the permission has been refused," the order states.

Further, the details of the total number of cases which are pending for permission may have also been sought. The details are to be filed before May 5, and the matter is listed to be heard on May 6.

The order was passed by a bench of Justices B.V. Nagarathna and Satish Chandra Sharma in a PIL challenging the constitutionality of Section 17A inserted as per the 2018 amendment in the PC Act, 1988 (Act) on the ground that they violate fundamental rights guaranteed under the Article 14 (Equality before law) and 21 (Protection of life and personal liberty) of the Indian Constitution.

The petition was filed by the Centre for Public Interest Litigation, which was represented by Advocate Prashant Bhushan. Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati appeared for the Union of Government.