Politics News | Updated Jan 31, 2012 at 11:33am IST

2G: SC accepts Swamy's plea against PMO

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New Delhi: In a blow to the Central Government, the Supreme Court on Tuesday accepted Janata Party president Subramanian Swamy's petition against the Prime Minister's Office in the 2G case, saying that all public authorities should give a sanction within 3 months against any public official if a request is made for prosecution.

The Supreme Court said that Subramanian Swamy had the locus to seek sanction from the Prime Minister for the prosecution of A Raja in the 2G scam. Sanction by a competent authority for the prosecution of a public servant has to be granted within a time frame, the apex court said.

Justice A K Ganguly said that the sanction would be deemed to be granted if competent authority failed to take a decision within four months.

While accepting Swamy's petition, the Supreme Court set aside Delhi High Court judgement refusing to direct the Prime Minister to take decision on granting of sanction against Raja. The court said that the right to file a complaint against a public servant under Prevention of Corruption Act is a constitutional right.

Hailing the court's verdict, Subramanian Swamy said, "Sanction was a big hurdle. Getting sanctions used to take a long time. The PMO took 16 months to clear sanction in A Raja's case."

Giving specifics of the order, he said, "SC has said that sanction should be given in 3 months time. If consultations have to be made, it has to be done in 3 months time and additional of 1 month."

He further added that Parliament should bring an amendment specifying that if sanction is not given after 4 months, then it would be deemed that sanction has been given.

"It's a big victory for Constitution. This judgment empowers any citizen to go to the court and seek enquiry without any sanctions. Any person can approach the Prime Minister. Now, it's possible to win war against corruption," Swamy said.

Swamy had moved the apex court in 2010 alleging a delay by the PMO to give him sanction to file a case against former telecom minister A Raja, who is accused of being involved in multi-crore 2G spectrum allocation scam.

Swamy's arguments were that he wrote to the PMO on November 29, 2008 but it was only on March 19, 2010 the PMO replied that the plea made by Swamy was "premature" as investigation was being carried out by the Central Bureau of Investigation (CBI).

Raja was arrested by the CBI in the case and is presently lodged in Delhi's Tihar Jail.

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