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The Supreme Court on Tuesday (January 13) delivered a split verdict on the validity of the 2018 provision in the anti-graft law, which mandates prior government approval before investigating public officials in corruption cases.
Justice KV Vishwanathan upheld section 17A of the Prevention of Corruption Act, while Justice BV Nagarathna held that the Act deserved to be struck down.
Justice Vishwanathan held that without prior approval for investigation, public officials will be exposed to coercive steps like malafide police complaints, and FIRs.
Justice Nagarathna held that Section 17A was an attempt to protect the corrupt. He held that no form of clemency should be shown to the corrupt and observed that corruption causes inequality and lethargy among higher officials.
The top court was hearing a plea seeking the striking of Section 17A of the Prevention of Corruption Act, and claimed that it was being used to shield the corrupt.
Justice KV Vishwanathan upheld section 17A of the Prevention of Corruption Act, while Justice BV Nagarathna held that the Act deserved to be struck down.
Justice Vishwanathan held that without prior approval for investigation, public officials will be exposed to coercive steps like malafide police complaints, and FIRs.
Justice Nagarathna held that Section 17A was an attempt to protect the corrupt. He held that no form of clemency should be shown to the corrupt and observed that corruption causes inequality and lethargy among higher officials.
The top court was hearing a plea seeking the striking of Section 17A of the Prevention of Corruption Act, and claimed that it was being used to shield the corrupt.
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