New Delhi, February 23
The Supreme Court has declined to refer a batch of petitions by some important politicians, including Punjab Deputy Chief Minister Rajinder Kaur Bhattal and former Chief Minister Parkash Singh Badal, to the Constitution Bench to examine the issue of prior sanction from a “competent authority” for their prosecution in corruption cases.
The other leaders who had raised the issue of sanction for their prosecution before the apex court, included former Kerala Chief Minister K. Karunakaran, four other Akali leaders - Gurdev Singh Badal, Tota Singh, Nirmal Singh Kahlon and Sohan Singh - and Parkash Singh Badal’s MP son Sukbir Singh Badal.
A Bench of Mr Justice K. G. Balakrishnan and Mr Justice B. N. Srikrishna, which had reserved its verdict on the issue whether these cases required to be examined by a Constitution Bench, in its order yesterday said there was no need for it.
The court posted further hearing in these cases to April 5, stating that each matter would be examined individually on merit.
Though the prosecution had obtained sanction for their prosecution, but most of these leaders had challenged its validity on the question of “competence” of the authority granting it, or had alleged that in some cases it was “post facto” sanction whereas the law required that it should be obtained before filing of the chargesheet.
Since the court did not say anything about vacating the stay on trial in these cases granted by it at the time of admitting the petitions, the trial proceedings apparently remain suspended till final decision by the apex court.
Earlier, various senior advocates, appearing for these leaders had contended that the sanction issue needed to be examined by a Constitution Bench to lay down a clear law for prosecuting public servants, including ministers, MPs and MLAs.
The confusion regarding the “competent authority”, often raised in cases against ministers, MPs and MLAs had been due to “failure” of the government to pass a law identifying an authority to grant sanction.
