Bill on timeframe for prosecution sanction in graft cases in RS
New Delhi, Aug 19 (PTI) A bill which makes it mandatory for
the competent authority to decide on granting prosecution sanction
within three months of a complaint was introduced in the Rajya Sabha today.
The Prevention of Corruption (Amendment) Bill, 2013, also says
any application seeking sanction to prosecute a public servant, including
a minister, can only be considered if the complaint has been filed
in a competent court and it has directed the complainant to obtain
prosecution sanction against the public servant for further proceedings.
The amendment bill, introduced by Minister of State for Personnel
V Narayanasamy, makes it mandatory for the government or the competent
authority to convey whether it has granted prosecution sanction within
three months.
The period can be extended by another month after consulting the
Attorney General or the Advocate General.
At present, the sanction to prosecute any public servant is granted
by the competent authority. While in case of officers, it is the
minister concerned, in case of the ministers, it is the Prime Minister.
The move to amend this provision of the Act comes months after adverse
comments had been made by the Supreme Court in its judgement on a
petition filed by Subramanium Swamy that even after passage of 16
months, the Prime Minister's Office did not respond to an application
seeking sanction to prosecute former Telecom Minister A Raja in the
2G spectrum scam.
"...In the light of a recent judgment of the Supreme Court, the
question of amending section 19 of the Act to lay down clear criteria
and procedure for sanction of prosecution...It is proposed to incorporate
appropriate provisions in section 19 of the Act," reads the bill.
The amendment Bill also provides safeguards to retired public
servants from unnecessary prosecution for any bonafide omission or
commission in the discharge of their official duties during their
service period.
Besides, the proposed amendments also provide for allowing confiscation
of property acquired by public servants through corrupt means.
With most of the bribegivers going scot free, the bill also seeks
to amend Section 8 in case of "consensual bribery" by providing for
a punishment of three to seven years in jail.
One of the changes proposed will empower a special judge to exercise
powers of attachment of properties if the case of bribery is established
after trial.
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