SC Fines Rajasthan Rs 1 Lakh for Harassing Official via Political Interference
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court has directed the Rajasthan government to pay Rs 1 lakh to a government official as compensation for harassment caused by political interference in a sanction for prosecution. The court criticized the joint secretary of the then chief minister for undue influence, calling it a blatant display of political dictate. This ruling reinforces judicial scrutiny of sanction processes under the Prevention of Corruption Act.
Background
The case involves a government official who was dragged to court after the sanction to prosecute him was challenged. The joint secretary of the then chief minister referred the matter back for reconsideration in May 2018, asserting that recovered money proved bribe acceptance. The official faced harassment despite a high court interfering with the sanction order.
Key facts
The Supreme Court bench comprised Justices J B Pardiwala and K Vinod Chandran.
The court directed the Rajasthan government to pay Rs 1 lakh to the official: Rs 50,000 each before the high court and the Supreme Court.
The interference occurred on 24.05.2018 when the joint secretary of the chief minister referred the matter back for reconsideration.
The court observed that the decision-making process under Section 19 of the Prevention of Corruption Act, 1988, cannot resemble Hamlet's soliloquy 'to be or not to be'.
The court noted that ambivalence in sanction decisions could presume extraneous considerations, and here political dictate was blatantly displayed.
The official was dragged unnecessarily to the high court by a review prompted by the office of the chief minister.
The provision of sanction is meant to safeguard innocent public servants from frivolous harassment.
The court dismissed the special leave petition with the above observations and directions.
Prelims pointers
- Section 19 of the Prevention of Corruption Act, 1988
- Supreme Court of India
- Rajasthan government
- Sanction for prosecution
- Political interference in governance
Mains angles
- Discuss the importance of sanction provisions in protecting public servants from frivolous prosecution.
- Critically examine the role of political interference in administrative decisions and its impact on governance.
- Analyze the judiciary's role in upholding the rule of law against executive overreach.