New Delhi, September 22
Holding that no prior sanction was required to proceed against an accused abetting another officer to accept bribe, the Supreme Court has allowed the CBI to prosecute a top Customs and Central Excise officer under the Prevention of Corruption Act.

A bench of Justices RV Raveendran and B Sudershan Reddy rejected a ruling of the Bombay High Court, which had concurred with the Special Judge, CBI, that prior government sanction under Section 19 was necessary to prosecute a government official even if he/she was accused of abetting a crime under the Act.

"In our considered opinion, the interpretation sought to be placed by the High Court on Section 19 of the Act is wholly erroneous. The court at that stage cannot go into the question whether there was any abetment of any offence punishable under Section 7 or 11," the bench observed, while allowing the CBI to prosecute Parmeshwaran Subramani, the then Commissioner of Customs and Central Excise, Panaji, Goa.

The CBI in 2002 had filed a chargesheet against Subramani and a Customs Inspector under Section 12 (abetment) on the charge that the duo offered and paid a bribe of Rs 1 lakh to Ram Avtar Yadav, an Inspector of the investigating agency for hushing up a corruption case against the former.

However, the Special Judge, CBI, Panaji, refused to take cognisance of the chargesheet on the ground that prior sanction as mandated under Section 19 was not obtained by the agency before filing the chargesheet.

The CBI's appeal was dismissed by the High Court, which concurred with the Special Judge's contention, following which the agency filed the appeal in the apex court.

According to Section 12 of the Act, "Whoever abets any offence punishable under Section 7 or 11 whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine." 

Section 7 refers to "Public servant taking gratification other than legal remuneration in respect of an official act." Section 11 refers to "Public Servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant."

Interpreting the provisions, the apex court said, "Section 12 of the Act, in clear and categorical terms, speaks that whoever abets any offence punishable under Section 7 or 11 whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term as provided thereunder. — PTI