GOVERNMENT OF INDIA
Ministry of Personnel, Public Grievances and Pensions
(DEPARTMENT OF PERSONNEL AND TRAINING)

RAJAYA SABHA
UNSTARRED QUESTION NO.2380
TO BE ANSWERED ON APRIL 26, 2012
Prosecution of Corrupt Public Servants

2545. Shri Rajeev Chandrasekhar:

Will the Prime Minister be pleased to state:

a)      Whether the Supreme Court has recently prescribed a time-limit for granting permission by Government to the CBI to prosecute corrupt public servants;

b)      Whether the Supreme Court has also directed Government to amend the law for this purpose;

c)      If so, the details thereof; and

d)      The present status of the implementation of the directive of the Apex court?

ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINTER’S OFFICE
SHRI V. NARAYANASAMY

a)      The Supreme Court of India , vide its judgment dated 18th Dec 1997 in the case of Vineet Narain Vs Union of India, directed that the time limit of three months for grant of sanction for prosecution must be strictly adhered to. However, additional time of one month may be allowed where consultation is required with the Attorney General (AG) or any law officer in the AG's office. The Supreme Court has, in its current judgment dated 31st Jan, 2012 in the case of Dr Subramaniyam Swamy Vs Dr Manmohan Singh & another (Civil Appeal No.1193 of 2012), reiterated the said limit.

b)      and (c) : In the Supreme Court's judgment dated 31st Jan 2012 in the case of Dr Subramaniyam Swamy Vs Dr Manmohan Singh & another, one of the judges (Shri Justice A.K.Ganguly) has made an observation that the Parliament may consider introducing a time limit in section 19 of the Prevention of Corruption Act, 1988 for its working in a reasonable manner and also introducing a provision that if sanction is not accorded within the time limit, sanction will be deemed to have been granted to the proposal for prosecution.

c)      (d) The above observations made by the Hon'ble judge in his concurring judgment, are in the nature of biter dicta. However, in order to check delays in grant of sanction for prosecution, the Department of Personnel & Training has already issued guidelines vide it OM No. 399/33/2006-ADV - III dated 6th November 2006 followed by another OM dated 20th Dec 2006 providing for a definite frame at each stage for handling of requests from CBI for prosecution of public servants.