SANCTION FOR PROSECUTION

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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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