Punjab Vigilance Bureau waiting for sanction to prosecute 46 accused, HC told

Saurabh Malik

Chandigarh, August 9

The Vigilance Bureau is awaiting sanction from the departments concerned to prosecute 46 accused in different cases, the Punjab and Haryana High Court has been told. An affidavit placed before the High Court said requests for granting prior approval under Section 17(A) of the Prevention of Corruption Act were pending with 13 departments of the state government in 35 cases, including FIRs and VB enquiries.

In an affidavit submitted to the court, Joint Director, Crime, Punjab Vigilance Bureau, Gursewak Singh, said the data was from 2018 to June 2021. Prior approval was denied in six cases and granted in four during the period, he said.

The affidavit was placed before the Bench of Justice Vinod S Bhardwaj during the hearing of a petition filed by Sarabjit Singh Verka for quashing standard operating procedure dated September 3, 2021, vide which the Union Government prescribed procedure for investigation under the Prevention of Corruption Act for public servants.

The affidavit added that the prosecution sanction of former minister Bharat Bhushan Ashu and PCS officer Narinder Dhaliwal had been received from the department concerned. However, prosecution sanctions of Amritsar Improvement Trust’s former chairman Dinesh Bassi, IAS officer Sanjay Popli, besides “GK Singh, SS Bains and Vishal Chauhan, IFS, were yet to be received from their administrative departments”.

“Approval sought by the VB under Section 17(A) of the PCA against TK Goel, PCS, and Anita Darshi, PCS, are also pending,” it was added.

Verka had earlier contended that the procedure was materially different from the procedure of investigation under the Criminal Procedure Code and Special Act –– the Prevention of Corruption Act. Verka added the SOP was required to be declared ultra vires of the statute and also unconstitutional as it created a firewall for public servant accused of corruption, which was beyond the statutory protection as per the enacted law.

‘Approve inquiries within weeks, not yrs’

Petitioner Sarabjit Singh Verka submitted that appropriate directions be issued in accordance with settled law that the proposal for sanction for investigation and prosecution must be decided within weeks and months and not “in terms of years”, as has been happening in the state.