Advocate files PIL seeking to declare Sec 19 of PCA unconstitutional

New Delhi, June 8 (UNI) An advocate has filed a PIL in the Supreme Court challenging the constitutional validity of section 19 of the Prevention of Corruption Act (PCA), 1988 seeking to declare it unconstititional on the grounds that no sanction is required for the prosecution of public servants, politicians and bureaucrats facing charges of corruption.

The petitioner, Advocate Manzoor Ali Khan, in his petition contended that the CBI has been investigating the Taj Heritage Corridor case against Uttar Pradesh Chief Minister Mayawati for some years and the Supreme Court has already directed the CBI to file the report of the investigating officer in the case before the competent court. The prosecution of Ms Mayawati and some former ministers and bureaucrats is being stalled due to the refusal of state Governor TV Rajeshwar to grant sanction under Section 19 of the PCA.

According to the petitioner, in Parkash Singh Badal's case, the Court has ruled that corruption or bribetaking has no nexus with the official discharge of duty by a public servant and hence, the protection of the provision of sanction is not available to public servants facing allegations of corruption.

The petition also contends that section 19 is violative of Articles 14 and 21 of the Indian Constitution and is hence, non-est in the eyes of the law.

The Centre and all states have been made respondents in the petition. The petitioner has also contended that if corrupt persons are not prosecuted by law-enforcing agencies on technical grounds, then that itself would be violative of Article 14 and the very edifice of democracy will collapse. The right to have a corruption-free government and Executive is the fundamental right of every citizen, as enshrined in Article 21 of the Constitution, the petition states, and if corrupt politicians and officials are let off the hook without a trial, because of section 19 of the PCA, then it must be declared unconstitutional.

UNI