SANCTION FOR PROSECUTION
Under criminal laws
like Criminal Procedure Code and Prevention of Corruption Act, sanctions for
prosecution provide protection to government officials from being prosecuted
unless permission from concerned government authorities are obtained to run a
trial. Various arguments are advanced to support this law like frivolous and
vexatious cases may be prevented, public officials are not harassed and
efficacy of administrative machinery is not tampered with.
Generally, huge time is
wasted in granting the sanctions against public officials due to which
evidences against those officials can easily be tampered with or are lost. Most
of the time it has also been seen that government generally hesitates in
granting sanctions to prosecute just because to save the face of government.
Government is unwilling to grant sanction for another reason also as sometimes
scams are committed in connivance with several government officials and
ministers also and if sanction to prosecute is granted, nobody would prefer to
be scapegoat and may blow the lid off which may reveal various secrets of
government departments.
Recently, a remarkable
step is taken by the Supreme Court where it fixed the time limit for
sanctioning the prosecution and in case if no sanction is granted then it will
be deemed to have been granted.
Recently Rajasthan
government received a huge flak for bringing a law under which now even for
investigation, a sanction has to be obtained.
It is true that honest
official must be protected but the process for sanctioning needs to be made
impartial and transparent as an independent authority should be appointed to
grant the sanction for prosecution which would be providing reasons for their
decisions also.
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