Sanction not must in cases under Prevention of Corruption Act: SC

New Delhi, Sep 7 (UNI) Political leaders including former Punjab Chief Minister Parkash Singh Badal facing corruption charges seemed to be in trouble when the Supreme Court today made it clear that sanction is not necessary in cases under the Prevention of Corruption Act as taking bribe has no nexus with discharge of official duty.

A bench comprising Mr Justices Arijit Pasayat and S H Kapadia was not impressed with the arguments of senior cousel K K Venugopal appearing for Mr Badal who contended that the prosecution of his client was totally illegal as no prior sanction was obtained before launching prosecution against him.

The court said, ''Purpose of sanction is to prevent malicious prosecution of a public servant for action taken for discharging his official duty or for purported action taken to discharge his official obligation.'' The court did not agree with the contention of Venugopal that sanction was a condition precedent for launching prosecution against the public servant.

The court was of the view that since bribe-taking cannot be a part of official duty sanction in corruption cases was not required.

A number of politicians, including Mr Badal, his son Sukhbir Singh Badal, Punjab Deputy Chief Minister Rajinder Kaur Bhattal, former Kerala Chief Minster K Karunakaran, Railway Minster Lalu Prasad, his wife and former Bihar Chief Minister Rabri Devi, former Punjab Minister and Akali Dal MP Rattan Singh Ajnala and others, have challanged their prosecution for acquiring assets beyond their known sources of income through corrupt means while holding positions of power, on the grounds that trails initiated against them are liable to be quashed as no proper sanction from the competent authority has been obtained.

The court directed that the arguments in the case must be concluded by September 14.

Arguments shall be resumed on Tuesday next.

UNI AKS SC SI AT BST1740