Senior counsel directed to get instructions from Home Ministry

The Madras High Court today directed the senior Central Government Standing Counsel to get instructions from the Home Ministry on the time required by it for passing sanction orders to prosecute ADGP Jaffar Sait against whom the DVAC has filed a case under Prevention of Corruption Act.
Justice K.K.Sasidharan, who ordered to place the case file before him, further said in case the Home Ministry was not in a position to inform the Court with regard to the reasonable time required to pass the orders, the entire file pending before the Home Ministry should be produced to ascertain the present stage of proceedings.

Jaffar Sait, who was IG intelligence between 2007-2011 during DMK rule, is facing a case registered by Directorate of Vigilance and Anti-Corruption (DVAC) after the change of regime. He filed a plea to stay all proceedings pending before the Special Judge for cases under the Prevention of Corruption (PC) Act on the ground that being an IPS Officer governed by the All India Service Rules, sanction to prosecute him is required under Section 19 of the Act.
Senior counsel for Jaffar Sait, Vijayanarayan submitted that the special Judge erred in taking cognisance without producing the sanction order under section 19 of PC Act and contended that all further proceedings should be stayed.

Advocate General A.L. Somayaji submitted that the application for sanction was made to Home Ministry as early as on August 3 last year.He said as there was no follow up action by the Central Government, the state government issued sanction orders to prosecute I.Periyasami, former Minister, and K. Murugaiya, former Executive Engineer, Tamil Nadu Housing Board, accused in the above case.
The AG submitted that the Central Government was keeping the matter pending inspite of the law laid down by the Supreme Court.
Justice Sasidharan, who passed the interim order, said the matter was pending with the Central Government from August 3 last year. He said the Supreme Court has made it very clear that sanction should be given within a period of three months and in case Law officers should be consulted, one more month could be taken, in effect meaning that the orders regarding sanction should be passed within a period of four months.

In the present case even after more than one year, the Central Government has not passed any orders under section 19 of the PC Act, pursuant to the request made by state government. He then directed the Senior Central Government Standing Counsel to get instructions.