Pulse Polio scam: SC reserves verdict on CBI petition

New Delhi, June 18 (UNI) The Supreme Court has reserved its verdict on a petition filed by the CBI seeking directions to the government to grant sanction for prosecution of three accused, including an IAS officer of Rajasthan, for their alleged involvement in illegal diversion of Rs 50 lakhs given by the Centre for Pulse Polio programme in 2000 to Rajasthan.

According to the CBI status report filed in the apex court on June 15, the investigating agency registered a criminal case under the Prevention of Corruption Act(PCA) and forgery on October 21,2000 against IAS officer Ravi Shankar Srivastava the then Director (IEC), government of Rajasthan, K N Mathur, General Manager,Avas Vikas Ltd., Jaipur, a subsidiary of Rajasthan Housing Board, and Chand Ratan Bhati, an LDC in the office of Reproductive Child Health Office, Bikaner.

The CBI after investigating the allegations applied for sanction for prosecution of the accused persons. The Department of Personnel and Training (DOPT), Government of India and Government of Rajasthan refused sanction for prosecution of the two officers but granted sanction for prosecution of the LDC.

The DOPT in consultation with Chief Vigilance Commissioner (CVC) found the material collected by the CBI insufficient for prosecution of the two bureaucrats.

The CBI conducted further investigation into the case. The Joint Director, CBI vide letter dated September 17, 2003 again requested the Central Government to review its decision dated May 14,2003, refusing sanction.

In the meantime, Rajasthan High Court took suo motu cognisance of press reports saying sanction had been declined asking the government to explain why its decision to decline the sanction for prosecution can not be reviewed.

The CBI in its status report filed before a vacation bench comprising Justices Arijit Pasayat and Altamas Kabir on June 15 stated that the Director CVC, vide letter dated June 2 has called DIG, CBI and CVO of the ministry for discussion in the matter on June 28. Till date no effective hearing had taken place in the high court in the matter.

Srivastava and other accused had allegedly disbursed the payments at exorbitant rates on the basis of forged documents.

The apex court is to decide whether investigation in the absence of sanction under section 19 of PCA by the central government and under section 197 CrPC stands vitiated and whether the effect of refusal of sanction shall be to nullify the investigation.

UNI AKS/SC RP GC0958