New Delhi, Jan 31, 2012, (PTI) The Supreme Court will pronounce today its verdict on the issue of framing of guidelines for grant of sanction to prosecute a public servant that arose in the wake of alleged inaction by the prime minister in granting nod to prosecute former telecom minister A Raja in the 2G scam.
A bench of justices G S Singhvi and A K Ganguly had reserved its judgement on November 24, 2010 on the petition filed by Janata Party President Subramanian Swamy alleging that there was delay in taking action on his plea seeking sanction to prosecute Raja.
Swamy, who made Prime Minister Manmohan Singh a party in the case, had initially sought a direction to the PM to take decision on sanction to prosecute Raja but later on he sought framing of guidelines on the issue as his plea became infructuous with the resignation of DMK leader as telecom minister on November 14, 2010.
He had alleged that there was an "inordinate delay" on part of the prime minister in taking a decision on his plea for grant of sanction to prosecute Raja in the scam and his plea was neither allowed not rejected for over 16 months.
Swamy had alleged that the prime minister had failed to grant sanction despite enough evidence against Raja was given to initiate prosecution.
The PMO had, however, refuted all the allegations and filed an affidavit before the apex court maintaining that the request for sanction for prosecution of Raja was considered by the prime minister and that he was advised that evidence collected by CBI was necessary before taking a decision.
The government said as the CBI probe was going on it was necessary to wait for its completion before taking any decision on granting sanction.Swamy had approached the apex court challenging the Delhi High Court judgement that had refused to pass any direction to the prime minister for taking decision on sanction on the grounds that "the investigation by the CBI is in progress and this court had earlier declined to monitor the same".
In the apex court, Swamy had submitted that the PM is the deciding authority to accord requisite sanction to prosecute any member of his cabinet under Section 19(1)(c ) of the Prevention of Corruption Act 1988 read with Article 75(1) of the Constitution of India.
The bench had also asked the Attorney General G E Vahanvati to place before it the number cases in which grant of sanction was pending before the competent authority in various government departments.
Swamy said that when an application for sanction to prosecute for corruption is presented to the prime minister, it is his duty to apply his mind within a reasonable time either to accord the sanction or to reject the application.
The government told the court that total transparency was maintained on Swamy's application for sanction.