Supreme Court Delivers Split Verdict on Section 17A of PC Act on Sanction to Probe Government Officials
SC divided over constitutional validity of prior sanction requirement for probing government servants; larger bench to decide final outcome.
New Delhi, Jan 13: The Supreme Caourt on Tuesday delivered a split verdict on the constitutional validity of Section 17A of the Prevention of Corruption Act, a 2018 amendment that mandates prior sanction before initiating a probe against a government servant in a corruption case.
While Justice BV Nagarathna ruled that Section 17A is unconstitutional, arguing that the prior sanction requirement forecloses inquiries and protects corrupt officials, Justice KV Viswanathan upheld its constitutionality, emphasizing the need to shield honest officers from frivolous investigations.
“Striking down Section 17A would be akin to throwing the baby out with the bathwater; the cure may be worse than the disease,” Justice Viswanathan said.
The case arose from a PIL filed by the NGO Centre for Public Interest Litigation (CPIL) challenging the amended provision, which bars any enquiry or investigation against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority.
The matter will now be placed before Chief Justice of India Surya Kant to constitute a larger bench for a final verdict.
