Corruption is rampant in our country. The recent hearing by the Division Bench of State High Court of a corruption case filed under PIL reveals that corruption is blatantly rampant within the State structure as well. Mind this remark of the Chief Justice when hearing the case: “For how many years the State will remain sleeping over the prosecution sanctions? The State is dragging feet without any reason. Why there is favouritism? Why challans have not been filed”? As far back as 2008, the State Vigilance Organization conducted investigation into a number of officers of the rank of IAS/IFS/KAS and other ranks allegedly involved in corruption, bribery, embezzlement and misuse of administrative powers, and submitted their report to the State Government for necessary action. The State Government is supposed to issue or refuse issuance of prosecution sanction against the accused depending on the merits of the case which may or may not satisfy the Government. Normally the Government is supposed to accord sanction within a month so that prosecution begins and justice is done. It is more than three years that the State Government is sitting on the question of according prosecution sanction in regard to a number of cases involving senior bureaucrats including a former minister and MLA.
In simplest terms this is a blatant case of favouritism as remarked by the Chief Justice. And Justice Attar, part of the DB, added a more devastating comment saying that when an ordinary clerk is caught in a case of corruption, his story is given wide publicity but when sharks fall in the net, Government sits upon the question of issuing prosecution sanction just because there is favouritism. This case opens a window on the entire question of how corruption seethes into the strata of society and how difficult it is to eradicate it. A nationwide movement is now going on in this country aimed at seeking ways and means of dealing effectively with the scourge of corruption. Civil society led by Anna Hazare team is locked in a grim battle with the establishment and political structure with vested interests. The case like the one in hand with the State High Court is an indicator that expanding investigating paraphernalia may not mean much unless the implementation of the law is ensured and made effective. Remember the State has recently enacted Public Service Guarantee Act (PSGA) according to which defaulting State functionaries are to be held responsible and penalised for non-action. If the State Government is sincerely interested in dealing a fatal blow to corruption, then it must initiate action against those functionaries of the State administration that are responsible for expediting the prosecution sanction against the accused within a specific time from the receipt of the report of the Vigilance Organization. It is a foregone conclusion that the Government will never be prepared to initiate any action like that because it is bedevilled by favouritism. If that was not the case, then the prosecution sanction would not have been kept under wrap for three years and more.
It is surprising that the State administration did not take into cognizance the orders of the Supreme Court in regard to the issuance of prosecution sanction which make up the formative directive for the state governments in regard to the critical issue of according prosecution sanction. In the Subramanian Swamy versus Manmohan Singh and another case, the SC judgement says, “Proposals for prosecution sanction must be decided within a period of three month and beyond that sanction will be deemed to have been granted”. Obviously, the prosecution counsel found support in a weighty argument that the State Government was sleeping over the prosecution sanctions during the past several years, adding “the status reports filed by the General Administration Department and Vigilance Commissioner clearly indicate that State Government has scant regard for the directions of the Apex Court.” The nature of corruption in various departments involving a large number of senior officers revealed by the report of the Vigilance Organization leads one to believe that there is general loot of the public exchequer and there is no accountability at any level. Civil society will be within its right to ask not only for the compliance by the Government of the orders of the High Court and the directive of the Supreme Court but also speeding up of administrative action against the defaulting functionaries in the administration who have been sitting over the process of prosecution sanction cases within the stipulated time. The charges of favouritism and corruption have to be brought against them and they have to be prosecuted under various laws including the Public Service Guarantee Act (PSGA). If that is done, then only can we claim that the State is foremost in structuring effective anti-corruption mechanism. If that is not done, then those involved in corruption nexus will have a field day.
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