SC On Anti-Corruption Law: A two-judge bench of the Supreme Court on Tuesday delivered a split verdict on the validity of the 2018 provision in the anti-corruption law, which mandates prior sanction to prosecute government servants. Justice KV Viswanathan held Section 17A of the Prevention of Corruption Act constitutional, stressing the need to protect honest officers. However, Justice BV Nagarathna said Section 17A of the Prevention of Corruption Act is unconstitutional and it needs to be struck down.

The contradictory observations by the two judges came during the hearing on a PIL filed by NGO 'Centre for Public Interest Litigation' (CPIL) against the validity of amended section 17A of the Prevention of Corruption Act.

ALSO READ: Land For Job Case: Rs 4 Crore Land Sold For Rs 26 Lakh, 7 Deals That Could Land Lalu And Family In Jail

"Requirement of prior sanction is contrary to Prevention of Corruption Act; forecloses inquiry and protects corrupt," said Justice Nagarathna. 

Justice Viswanathan said striking down section 17A will be akin to throwing the baby out

ALSO READ: 'Party Crossing 20% Threshold Doesn't Take 5 Years...': Amit Shah Explains Maths Behind BJP's Optimism Of Winning Kerala

with the bath water and the cure will be worse than the disease.

What Is Section 17?

Section 17A of the Prevention of Corruption Act, 1988, introduced in July 2018, bars any enquiry or inquiry or investigation against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority.

The case will now be placed before Chief Justice of India Surya Kant for forming a larger bench to hear the matter again for a final decision.

(With PTI Inputs)