Tainted officials: TJ Abraham flays delay by Ayukta, govt
Delay in granting sanction for prosecution of public servants is the delaying tactics by the govt.
Bangalore: Social activist T.J. Abraham on Wednesday criticised the state government and Lokayukta for the delay in taking action against 94 public servants accused under Prevention of Corruption Act.
Addressing media persons here on Wednesday, he said that delay in granting sanction for prosecution of public servants is nothing but delaying tactics by the state government.
And the Lokayukta, by citing absence of sanction for prosecuting the official, was also safeguarding the accused officials, he said.
He added that if both state government and Lokayukta did not act over the matter, it would lead to series of protests. Citing a Supreme Court judgment in respect to sanction for prosecution against public servants, Abraham said, “Governments and sanctioning authorities are under an obligation to de-cide upon requests within a time frame of three months from the date of receipt of any request.
The sanction cannot by any stretch of imagination go beyond a period of four months. Failing which, it may amount to contempt of the SC and at the same time the prosecution can proceed with the ‘Deemed Sanction’ specifically granted in the case of Subramanian Swamy versus Dr Manmohan Singh.
He has also addressed a letter to the Lokayukta along with the SC verdict on ‘Deemed Sanction’ along with a list of 94 public servants in which prosecution sanction orders are awaited from the competent authorities.
However, Lokayukta Y. Bhaskar Rao has said that the verdict which the activist has highlighted has to be understood properly.
The conclusion of the verdict had stated certain guidelines, “The Parliament should ‘consider’ the Constitutional imperative of Article 14 enshrining the rule of law, wherein ‘due process of law’ has been read into by introducing a time limit in Section 19 of the P.C. Act 1988 for its working in a reasonable manner. The Parliament ‘may,’ in my opinion, consider the following guidelines.”