NEW DELHI: The Government on Tuesday told the Supreme Court that the question of granting sanction for prosecution of former Telecom Minister A Raja in the 2G spectrum scam did not arise as no complaint was filed before a competent court.
It is “entirely premature”, contended Attorney General G E Vahanvati, appearing for PM Manmohan Singh, in the case filed by Janata Party president Subramanian Swamy alleging inaction on the part of the PM.
Appearing before a Bench of Justices G S Singhvi and A K Gang uly, the AG said “The question of sanction applies on ly when a chargesheet is filed and when court considers the aspect of cognisan ce.” “In a complaint case under Section 190 of the Criminal Procedure Code (CrPC), the Magistrate at the stage of Section 200 may decide to take cognisance. At this stage..., the accused can contend that sanction is required.
If so, the Magistrate must call for sanction.... For sanction, existence of a prima facie case is a must,” Vahanvati argued.
Swamy responded saying CrPC had laid out two procedures.
One where, under Section 154, one goes to the police, who would conduct an investigation and register a case. In the second, under Section 190, one requests, in a wr itten complaint to a designated Sessions Court jud ge under Prevention of Corru ption Act, that cognisance may be taken. The judge would then ask for the sanction. It is for this reason he sought sanction from PM, the sanctioning authority in this case. “Which procedure I take is my choice,” Swamy asserted.