PM was not advised properly on 2G, SC pulls up PMO

Indicting the Prime Minister's Office (PMO) but letting the Prime Minister off lightly on failure to decide on prosecuting the then telecom minister A Raja in the 2G case, the Supreme Court today set a limit of four months for deciding the issue of sanction for prosecution of corrupt public servants.

Allowing Janata Party President Subramanian Swamy's petition against the Delhi High Court judgement refusing to direct the Prime Minister on his plea for prosecution of Raja, the apex court upheld the right of a private citizen to seek sanction for prosecution of a public servant for corruption.

Rejecting Attorney General GE Vahanvati's arguments, a Bench comprising Justices GS Singhvi and AK Ganguly held that Swamy had the locus standi to seek sanction.

The apex court blamed the PMO for sitting on the plea to Prime Minister Manmohan Singh for granting sanction to prosecute Raja.

It said that those who were "duty bound" to apprise the Prime Minister about the "seriousness" of the allegations to enable him to take appropriate decision in the matter "failed" to do so.

"Unfortunately, those who were expected to give proper advice to Prime Minister and place full facts and legal position before him failed to do so. We have no doubt that if the Prime Minister had been apprised of the true factual and legal position regarding the representation made by the appellant, he would have surely taken appropriate decision and would not have allowed the matter to linger for a period of more than one year," the Bench said.