In a judgment of far reaching consequence, the Supreme today held that a competent authority must decide within four months on granting or rejecting sanction of prosecution of a public servant.

Delivering the order on a petition filed by Janata party chief Dr Subramanyam Swamy in the 2G case, a division bench of the apex court consisting of justices G S Singhvi and A K Ganguly said filing of a complaint under the Prevention of Corruption Act is a constitutional right of a citizen.“The competent authority must take decision with in four months on granting or rejecting sanction of prosecution of a public servant,” said the court.

Swamy approached the SC challenging the Delhi High Court judgment that had refused to pass any direction to the prime minister for taking decision on sanction of the then Communications Minister A Raja.

Dr Swamy approached the High Court after the PM didn’t respond for 16 months on his letter seeking sanction of the then minister Raja in the 2G scam. Again, after the HC refusal, the professor-politician approached the Supreme Court which reserved its judgment on November 24, 2010.

The apex court set aside the Delhi High Court judgment in its order today and held that if the sanction is not given within four months on such a letter, then it is deemed to have been granted.

This means that competent authorities are bound to take decisions within four months of letters being submitted seeking prosecution of public servants in corruption cases.

Dr Swamy filed his petition before Raja had resigned his office and in the wake of the Raja quitting office and facing prosecution in the 2G scam, Swamy later sought amendment to his petition and requested the apex court to frame guidelines on such an issue.

Framing the guidelines, the apex court said a competent authority must take the decision with in four months on such issues. “If no decision comes out, it will be deemed as sanction granted,” said the apex court in its order. The court rejected all arguments of the PMO in this connection. (JUBS)