MADURAI: Files for according of Sanction to Prosecute (SOP) have been pending in various offices, from the Tamil Nadu chief secretary to low-level sanctioning officers and even the governor’s office, the Madurai Bench of the Madras High Court observed.
Dismissing a quash petition, Justice K K Ramakrishnan said this delay has exceeded the time limit mentioned in the provisions concerned as well as the time limit fixed by the Supreme Court. All competent authorities, including the governor, must decide the issuance of sanction to prosecute the accused either under the Prevention of Corruption Act, 1988, or Section 197 of the CrPC within one month from the date of receipt of the order copy if the period fixed either by the Supreme Court or by statute has already lapsed. “If no decision is taken, the sanction will be deemed to have been granted for the proposed prosecution,” the judge said.
Further, the judge directed the Directorate of Vigilance and Anti-Corruption (DVAC) to complete the investigation of all cases within the stipulated period and also directed the registry to mark a copy to the concerned chief secretary and to circulate the court’s directives to all departments.
The court was hearing a quash petition filed by M Muneer Ahamed, an accused in a case booked by the DVAC, Madurai, in 2017. As the DVAC did not file the final report on time, the court had directed the DVAC’s director to file a report. The report mentioned that from January 1, 2016 to June 30, 2023 in the past 7.5 years, a total of 2,237 FIRs were registered in various detachments of the DVAC in Tamil Nadu.
A total of 851 cases were recommended for prosecution against public servants and others. Of this, SOP was accorded within four months for 557 cases, while it was accorded after four months for 192 cases.
The report indicates that the department finds great difficulty in getting the sanction order from the competent authorities, who never look into the sanction files as an emergency and are dragging their feet. This may cause serious harm to the society, the judge opined.
The executive heads and investigation agency are failing to catch up with the speed at which corruption spreads. Sanction is very vital in corruption cases, without which the court has no jurisdiction to take cognisance as per law, the judge added.
Delay in over 190 cases
DVAC director’s report mentioned that for 7.5 years till June 30, 2023, a total of 2,237 FIRs were registered in the DVAC in TN. Of the 851 cases recommended for prosecution against public servants, SOP was accorded within four months for 557 cases, while it was accorded after four months for more than 190 cases