CHENNAI: The TN GOvernment’s GO of February 2 this year, extending mandatory requirement of prior sanction to prosecute even lower level officials, irrespective of their rank and position, on graft charges, is violative of the orders of Supreme Court, advocate M Radhakrishnan submitted on Friday.
Originally, lawyer P Pugalenthi filed a PIL to to treat all public servants including IAS and IPS officers, who faced corruption charges, in accordance with the 1998 directions of the Supreme Court. The SC had held as invalid and violative of Article 14 of the Constitution, Sec. 6A(1) of the Delhi Special Police Establishment Act, which required prior approval of the central government to hold a probe into any offence alleged to have been committed by officers in the rank of Joint Secretary and above under the Prevention of Corruption Act.
Accordingly, the State government issued the fresh GO, after nullifying earlier GOs, which stipulated that prior sanction from government is necessary only in respect of IAS, IPS and high level officers. The counsel argued that the fresh GO would amount to contempt of Supreme Court.
The First Bench of CJ SK Kaul and Justice MM Sundersh before which the matter came up directed the counsel to file an affidavit within two weeks.