Sanction to prosecute government servants should come quicker: Bombay High Court

MUMBAI: The Bombay High Court today asked the Maharashtra government to review the rule that gives it up to nine months to decide on granting sanction to prosecute a public servant and make the period shorter.

The period should be shorter, observed a division bench of justices R M Savant and Sadhana Jadhav while seeking the government's stand on a plea by social activist Ankur Patil, challenging the government's circular which makes it compulsory for the anti-corruption bureau (ACB) to get government's nod to prosecute `public servants.'

As the ACB cannot try officials without the sanction, several cases are pending, pointed out Patil's plea.

Additional Public Prosecutor Prajakta Shinde said as per a 1996 government resolution (GR), a proposal seeking sanction to prosecute must be decided within six months. The period can be extended by another three months, if needed.

Shinde also pointed out a case which is pending for sanction since 2002.

"The time has come for the state government to review the policy. Otherwise all this seems like a farce," the court said.

"By now the public servant against whom sanction was sought must have retired. The government will have to fix a shorter time-frame to decide such proposals," the court said.

The concerned official from the home department should file an affidavit in reply to the plea in three weeks, the HC said.