Citizens can seek prosecution of public servant: SC

NEW DELHI, INDIA: In a major twist to the ongoing 2G scam trial, the Supreme Court today allowed Janata Party chief Subramaniam Swamy's plea that sought prosecution of public servants.

The bench comprising Justice G S Singhvi and A K Ganguly also said that the court wouldn’t accept few submissions made by the Attorney General (AG) in defense of the Prime Minister’s Office (PMO).

The apex court observed that any citizen can file complaint against any public servant under the Prevention of Corruption Act.

The court set aside the Delhi High Court order, and said that if the sanction is not given within four months of the order, then it would be considered granted.

The bench said the Swamy’s case has the locus standi, and said that competent authority shall grant prosecution in reference to a similar case decided in 1996.

The government argued that Swamy’s request was premature as the investigations were pending in the alleged 2G scandal. Attorney General Ghulam Vahanvati said that sanction for prosecution could be given only after filing a chargesheet.

Swamy told the court that he had written to the PMO on November 29, 2008, to sanction the prosecution of then telecom minister A Raja, but the request was denied.

Meanwhile, PTI quoted the Minister of State in PMO V Narayanasamy as saying that the SC's decision wasn’t any setback and observation doesn’t reflect functioning of the Central government.