Governor okays 120-day limit for prosecution sanction in graft cases

Aman Sood

Tribune News Service

Patiala, October 2

Punjab Governor Gulab Chand Kataria has notified a provision that binds government to take a decision on granting or denying “sanction” to prosecute any babu, top state government official or politician within 120 days, else the “prosecution sanction” will be deemed to have been granted.

The notification reads: “In exercise of the powers conferred under sub-section (1) of Section 218 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) and all other powers enabling him in this behalf, the Governor of Punjab is pleased to notify that the government shall take a decision within 120 days from the date of receipt of a request for prosecution sanction. If no decision is communicated within 120 days, the sanction shall be deemed to have been accorded by the government.”

The notification will come into force with immediate effect from the date of its publication in the official gazette, says an official letter issued by the Department of Justice, Punjab.

A senior police officer, earlier attached with the Vigilance Bureau, said in many cases, the “well connected” lobby would delay the prosecution sanction, thereby delaying justice, especially in corruption cases.

As per rules, the state government has to provide sanction under relevant sections of the Prevention of Corruption Act to investigate former ministers. The Governor has to give prosecution sanction in case of ministers, while the Vidhan Sabha Speaker has the power to do so in case of MLAs.

The concept of deemed sanction was introduced via BNSS provisions. Under it, a public servant or judicial officer/magistrate can be proceeded against for an alleged offence if the authority to grant sanction (Centre in case of Central Government employees and the state in case of the state government staff) fails to decide on sanction within 120 days.

An official of the Government Prosecution and Litigation Department said, “Many cases remain pending as prosecution sanction is delayed on one pretext or the other. The latest move by the Punjab Governor means a giant leap for justice. Now, public servants will not able to take the defence that prosecution sanction has not been granted against them. The government also loses its ability to stall proceedings indefinitely.”