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The Supreme Court is slated to pronounce on Tuesday its order regarding framing of guidelines for grant of sanction to prosecute a public servant.
The matter pertains to a petition filed by the Janata Party President, Dr Subramanian Swamy, asking the apex court to direct the Prime Minister, Dr Manmohan Singh, to take a decision on his petition seeking sanction to prosecute former Telecom Minister Mr A Raja in the 2G spectrum case under the Prevention of Corruption Act.
Dr Swamy had alleged that there was a delay on the part of the Prime Minister on deciding on his plea for sanction to prosecute Mr Raja, who was then a Minister in Dr Singh’s Cabinet.
Following the resignation of Mr Raja on November 14, 2010, Dr Swamy’s plea had become infructuous. Dr Swamy then wanted the apex court to frame guidelines on the matter in the interest of speedy justice in similar cases in the future.
During the hearing, the apex court had questioned the Prime Minister's "inaction and silence" in the matter for 16 months. The Prime Minister’s Office had denied all allegations and referred to the Law Ministry’s advice to the PM that “The decision to accord sanction of prosecution may be determined only after perusal of the evidence (oral and documentary) collected by CBI and other materials to be provided by the competent authority.”
A bench comprising Justice G S Singhvi and Justice A K Ganguly had reserved its judgement in the matter on November 24, 2010.
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