SC seeks govt reply on petition challenging amendments to Prevention of Corruption Act

SC seeks govt reply on petition challenging amendments to Prevention of Corruption Act

News:

1. The Supreme Court issued a notice to the central government on a petition, filed by the Centre for Public Interest, against amendments to the Prevention of Corruption Act.

Important Facts:

2. Background: The Centre has notified amendments to the PC Act earlier this year which introduced stringent penalties for bribe givers and bribe seekers once their culpability in the act was proven.
3. About the amendment:

• The petition objected to the introduction of Section 17A(1), which states that prior approval must be sought from the government before an investigation is initiated against any of its officers.
• Earlier, such approval was necessary only for inquiries against officials above the rank of a joint secretary.
• The amended legislation also provides immunity from arrest to all officers. Earlier, only officers above the rank of a joint secretary had this immunity.
• The petition also questioned the removal from the Act of Section 13 (1) (d) (ii), which made abuse of their position by a public servant an offence and has demanded that the provision be

4. Criticism:The legislation came in for strident criticism because it made the investigative process more cumbersome.

• Critics of the amended Act also claim that Section-17A “violates of Article-14, 19 and Article-21 of the Constitution of India” and that it also takes away or abridges the fundamental rights of complainants of fair investigation as well as equality before the law.
• The seeking of permission in itself becomes a cause for corruption as it introduces yet another discretion, at the crucial stage of commencement of investigation.

5. In favor of amendments:

• Centre on the other hand, has maintained that the amended legislation serves as a strong deterrent against corruption while it also safeguards conscientious bureaucrats against motivated complaints.
• Votaries of the amended Act state that it had increased the punishment for those found guilty of offering a bribe from the previous mandated jail term of six months to three years to a more stringent “up to seven years imprisonment”.
• The amended law also provides for a sentence of “between five to 10 years” for repeat offenders.
• It also stipulates that investigation and trial against government employees alleged of crimes under that Act must be completed within two years and if this condition is not met then a maximum extension of another two years may be granted.