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| No sanction needed to prosecute "corrupt" politicians: SC | | |
NEW DELHI, DEC 6
In a judgement that is expected to have far reaching implications for the polity and bureaucracy, the Supreme Court today ruled that no prior sanction was essential for prosecution of public servants including Chief Ministers, Ministers and MPs facing corruption charges.
Dismissing a batch of writ petitions filed by three former Chief Ministers -- Lalu Prasad, K Karunakaran and Parkash Singh Badal and several other politicians facing charges of corruption, a Bench comprising Justices Arijit Pasyat and and S H Kapadia, asserted that the plea of applicability of Section 197 of Code of Criminal Procedure (CrPC), which requires sanction for prosecution of a public servant, was "untenable" with regard to the Prevention of Corruption Act.
Consequent to today's judgement the investigations and trial of corruption cases against politicains - Lalu Prasad and his wife Rabri Devi, Karunakaran and Badal besides several others would proceed irrespective of the fact whether the prosecuting agency had obtained prior sanction or not.
However, in the case of former Kerala Chief Minister K Karunakaran, the apex court referred the matter to the High Court and directed that the matter be decided within three months while asking the parties to place the relevant material before it to decide whether there was any malafide intention to prosecute him in the palm oil import case.
In the case of Badal, his son Sukhbir Singh Badal and former Punjab deputy chief minister Rajender Kaur Bhattal, the apex court said the trial will continue against them. |
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