Supreme Court delivers split verdict on Section 17A of Prevention of Corruption Act mandating sanction to probe government servants

New Delhi: The Supreme Court on Tuesday delivered a split verdict on the constitutional validity of a 2018 provision of the anti-graft law which mandates prior sanction before initiating a probe against a government servant in a corruption case.

While Justice BV Nagarathna said Section 17A of the Prevention of Corruption Act is unconstitutional and needs to be struck down, Justice KV Viswanathan held the provision as constitutional while stressing on the need to protect honest officers.

Requirement of prior sanction is contrary to the Prevention of Corruption Act, forecloses inquiry and protects corrupt, Justice Nagarathna said.

Justice Viswanathan said striking down section 17A will be akin to throwing the baby out with the bath water and the “cure will be worse than the disease”.

The case will now be placed before Chief Justice of India Surya Kant for forming a larger bench to hear the matter again for a final decision.

Section 17A of the Prevention of Corruption Act, 1988, introduced in July 2018, bars any “enquiry or inquiry or investigation” against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority.

The top court's judgement came on a PIL filed by NGO 'Centre for Public Interest Litigation' (CPIL) against the validity of amended section 17A of the Prevention of Corruption Act.