New Delhi:
The government is likely to seek a review of the January 31 Supreme Court verdict that ruled any citizen has the right to seek the prosecution of a public servant, based on charges of corruption. The Supreme Court's verdict was based on a petition filed by Subramanian Swamy in November 2010.
The Janata Party president had asked the Prime Minister's office for permission to begin proceedings against A Raja, who was then Telecom Minister, and was accused of bridling corruption in the manner in which he allotted mobile network licenses and spectrum.
Dr Manmohan Singh's office had kept Mr Swamy waiting for 18 months. While the court faulted them for the delay, the judges also said that Parliament must consider setting a four-month deadline while handling such requests
The court had maintained that the right to file a complaint against a public servant under Prevention of Corruption Act is a constitutional right."There is no provision either in the 1988 Act or the Code of Criminal Procedure, 1973 (CrPC) which bars a citizen from filing a complaint for prosecution of a public servant who is alleged to have committed an offence"
But sources say the government wants the Supreme Court to review that decision.
Attorney General GE Vahanvati has, according to sources, advised the Prime Minister not to take action against any official in his office. Mr Vahanvati is of the opinion that any action against officials in the PMO will be against 'natural justice', and has reportedly said that the Prevention of Corruption Act can be restructured after a review petition.
In their judgement, the two-judges hearing the case had said, "The concerned officers in the Prime Minister's Office kept the matter pending and then took the shelter of the fact that the CBI had registered the case and the investigation was pending."
They also made it clear that Prime Minister Manmohan Singh should not be blamed for what transpired. "Dr Manmohan Singh is not expected to personally look into the minute details of every case placed before him and has to depend on his advisers and other officers," said the Judges.