The Supreme Court on Tuesday ruled that the government will have to give a go ahead to prosecute a corrupt minister or a public servant within four months of the request.
It ruled the government can take one month for legal opinion, and three months thereafter for deciding on sanction, failing which sanction will be deemed to have been granted by default.
The sanction by competent authority for prosecution of a public servant has to be granted within a time frame, said the apex court. Justice A K Ganguly said sanction would be deemed to be granted if competent authority fails to take a decision within four months.
Janata Party President Subramanian Swamy had approached the Prime Minister's Office to seek sanction against former telecom minister A Raja for his alleged role in the 2G scam. He waited 16 months for the sanction before he heard from the PMO.
Swamy then moved the SC, which on Tuesday said that he had the locus to seek sanction from the prime minister for prosecution of A Raja in 2G scam.
The SC set aside the Delhi high court judgment refusing to direct the PM to take decision on grant of sanction against Raja.
The right to file a complaint against a public servant under Prevention of Corruption Act is a constitutional right, said the Supreme Court.