JOIN USAmendment to the Prevention of Corruption Bill, which makes it mandatory for a competent authority to decide on granting prosecution sanction within three months of a complaint, was introduced in the Rajya Sabha on Monday.
The Prevention of Corruption (Amendment) Bill, 2013, states that any application seeking sanction to prosecute a public servant, including a minister, can only be considered if the complaint has been filed in a competent court and it has directed the complainant to obtain prosecution sanction against the public servant for further proceedings.
The bill, introduced by Minister of State for Personnel V Narayanasamy, makes it mandatory for the government or the competent authority to convey whether it has granted prosecution sanction within three months. However, the period can be extended by another month after consulting the attorney general or the advocate general.
At present, the sanction to prosecute any public servant is granted by the competent authority. In case of officers, it is the minister concerned and in case of the ministers, the prime minister grants the sanction.
The government’s move came after adverse comments from the Supreme Court in its judgement on a petition filed by Subramanium Swamy, which stated that even after 16 months, the Prime Minister’s Office did not respond to an application seeking sanction to prosecute former Telecom Minister A Raja in the 2G scam.
In what is being viewed as a reprieve for retired bureaucrats, they will not face prosecution for acts of omission and commission while in office without prior sanction from the competent authority. At present, the government’s protection in the form of prosecution sanction does not extend to retired bureaucrats.
While the bill also seeks to amend Section 8 in case of “consensual bribery” by providing for a jail term of three to seven years.
The other amendment relates to confiscation of properties of corrupt officials. If it becomes a law, a special judge can attach properties if a case of graft is established.
“A commercial organisation will be guilty if any person associated with it offers, promises or gives a financial or other advantage to a public servant intending to obtain or retain business or some advantage in the conduct of business of commercial organisation,” says the bill.