The Supreme Court on Tuesday issued a split verdict on the constitutional validity of a 2018 provision in the anti-corruption law that requires prior approval before starting an investigation against a public servant, PTI reported.
Justice BV Nagarathna ruled that Section 17A of the Prevention of Corruption Act is unconstitutional and should be struck down, while Justice KV Viswanathan upheld the provision, noting the importance of safeguarding honest officials.
“Requirement of prior sanction is contrary to the Prevention of Corruption Act, forecloses inquiry and protects corrupt,” Justice Nagarathna said.
As reported by PTI, Justice Viswanathan said striking down section 17A will be akin to throwing the baby out with the bath water and the “cure will be worse than the disease”.
The case will now be placed before Chief Justice of India Surya Kant for forming a larger bench to hear the matter again for a final decision.
Section 17A of the Prevention of Corruption Act, 1988, introduced in July 2018, bars any “enquiry or inquiry or investigation” against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority.
The top court's judgment came on a PIL filed by NGO 'Centre for Public Interest Litigation' against the validity of amended section 17A of the Prevention of Corruption Act.
