According to a petition filed by advocate Bhagwat Gour, the provision is made to protect guilty officers and it will increase institutionalised corruption as it would be necessary to seek prior permission before prosecuting any public servant in the cases of corruption under this amended provision.
"The previous approval from the government necessarily required under Section 17A would result in indirectly putting to notice the officers to be investigated before commencement of investigation. Moreover, if the police is not even allowed to verify complaints by preliminary enquiry, how can the case move forward? A preliminary enquiry is intended to ascertain whether a prima facie case for investigation is made out or not," reads the petition.
The bench has asked for a response from the law secretary.
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