Supreme Court set aside the Delhi High Court Order on sanction of Prosecution in 2G Case

 The Supreme Court on 31 January 2012 set aside the Delhi High Court order refusing to pass any direction to the Prime Minister for taking a decision on sanction of prosecution in 2G case. The Supreme Court held that filing of a complaint under the Prevention of Corruption Act is a constitutional right of a citizen. It said the competent authority should take a decision on giving the sanction within a time frame. In a case filed by Janata Party Chief Subramanian Swamy, seeking a direction to the Prime Minister for sanction to prosecute the then Telecom Minister A Raja, the two judge bench of the Apex Court held that if the sanction is not given within four months it would deem to have been granted. The bench comprising justices G S Singhvi and A K Ganguly held that Swamy had the locus standi to seek sanction for Raja's prosecution. The court, however, said, it was not declaring as ultra vires, the provisions of the Prevention of Corruption Act.

Supreme Court set aside the Delhi High Court Order on sanction of Prosecution in 2G Case CURRENT AFFAIRS IV

The Supreme Court on 31 January 2012 set aside the Delhi High Court order refusing to pass any direction to the Prime Minister for taking a decision on sanction of prosecution in 2G case. The Supreme Court held that filing of a complaint under the Prevention of Corruption Act is a constitutional right of a citizen. It said the competent authority should take a decision on giving the sanction within a time frame. In a case filed by Janata Party Chief Subramanian Swamy, seeking a direction to the Prime Minister for sanction to prosecute the then Telecom Minister A Raja, the two judge bench of the Apex Court held that if the sanction is not given within four months it would deem to have been granted. The bench comprising justices G S Singhvi and A K Ganguly held that Swamy had the locus standi to seek sanction for Raja's prosecution. The court, however, said, it was not declaring as ultra vires, the provisions of the Prevention of Corruption Act.