Rajasthan HC issues notice to Centre over plea regarding anti-corruption law
The Rajasthan High Court today issued a notice to the central government on a plea alleging that Section 17A of the amended Prevention of Corruption Act is ultra vires.
According to a petition filed by advocate Bhagwat Gour, the provision is made to protect guilty officers and it will increase institutionalized corruption as it would be necessary to seek prior permission before prosecuting any public servant in the cases of corruption under this amended provision.
"The previous approval from the government necessarily required under Section 17A would result in indirectly putting to notice the officers to be investigated before the commencement of the investigation. Moreover, if the police are not even allowed to verify complaints by preliminary inquiry, how can the case move forward? A preliminary inquiry is intended to ascertain whether a prima facie case for investigation is made out or not," reads the petition.
The bench has asked for a response from the law secretary.
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