Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2012-SC-CRL-Jan-19

Dr. Subramanian Swamy Vs. Dr. Manmohan Singh

Head Note

Prevention of Corruption Act,1988  - Section 13

Interpretation of anti-corruption law - Observation of Supreme Court about corruption - (i) The magnitude of corruption in our public life is incompatible with the concept of socialist, secular democratic republic. (ii) The duty of the Court is that any anti-corruption law has to be interpreted and worked out in such a fashion as to strengthen the fight against corruption. (iii) In a situation where two constructions are eminently reasonable, the Court has to accept the one that seeks to eradicate corruption to the one which seeks to perpetuate it.

Prevention of Corruption Act,1988  - Section 13

Meaning of word - Cognizance - Prosecution of Public Servant in Corruption Act - The term 'cognizance' has not been defined either in the 1988 Act or the Criminal Procedure Code - In legal parlance cognizance in "taking judicial notice by the court of law, possessing jurisdiction, on a cause or matter presented before it so as to decide whether there is any basis for initiating proceedings and determination of the cause or matter judicially". 1951 SCR 312, relied.

Prevention of Corruption Act,1988  - Section 19 , Section 13

Application to Authority to grant sanction for prosecution - Where such an application is made it is the bounden duty of such authority to apply its mind urgently to the situation and decide the issue without delay though no time limit is mentioned in Section 19 of P.C. Act.

Prevention of Corruption Act,1988  - Section 19 , The Code of Criminal Procedure, 1973  - Section 173 , Section 190

Meaning of word - Cognizance - Prosecution of Public Servant in Corruption Act - The term 'cognizance' has not been defined either in the 1988 Act or the Criminal Procedure Code - In legal parlance cognizance in "taking judicial notice by the court of law, possessing jurisdiction, on a cause or matter presented before it so as to decide whether there is any basis for initiating proceedings and determination of the cause or matter judicially". 1951 SCR 312, relied.

Prevention of Corruption Act,1988  - Section 19

Contention that question of granting sanction for prosecution arises only at the stage of taking cognizance by court and not before that - Contention not tenable.

Prevention of Corruption Act,1988  - Section 19

Sanction for prosecution of a Minister (Public Servant) in corruption case - Whether a private citizen has locus standi to file a complaint for prosecution of Public servant - Yes - There is no provision under 1988 Act or Criminal Procedure Code which bars a citizen from filing a complaint for prosecution of a public servant who is alleged to have committed an offence - Further held - The right of private citizen to file a complaint against a corrupt public servant must be equated with his right to access the Court in order to set the criminal law in motion against a corrupt public official. 1984(2) SCC 500, relied.

Prevention of Corruption Act,1988  - Section 19

This Section prescribes no time limit in granting sanction - The result is that many guilty Public servants escape prosecution - The Parliament should consider the constitutional imperative of Article 14 by introducing a time limit in Section 19 of the P.C. Act 1988 - Parliament may consider the guidelines given in the judgment.

Topic(s)-Interpretation of Anti-corruption Law

Important Decision(s)- 

  • Whether a private citizen has locus standi to file a complaint for prosecution of Public servant - Yes.
  • There is no provision under 1988 Act or Criminal Procedure Code which bars a citizen from filing a complaint for prosecution of a public servant.







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