• About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service
Thursday, September 17, 2026
The Kashmir Horizon
EPAPER
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper
No Result
View All Result
The Kashmir Horizon
No Result
View All Result
Home Latest Update

SC To Hear PIL Against PMLA Amendment Mandating Prior Approval To Probe Govt Officials For Graft

Agencies by Agencies
July 20, 2023
in Latest Update
A A
Share on FacebookShare on TwitterWhatsappTelegramEmail

New Delhi, Jul 20: The Supreme Court on Thursday agreed to list for early hearing a PIL challenging the constitutional validity of a provision of the anti-graft law which mandates prior sanction for initiating a probe against a government official in a corruption case.
A bench comprising Chief justice D Y Chandrachud and justices P S Narasimha and Manoj Misra took note of the submissions of lawyer Prashant Bhushan that the PIL needed to be listed for hearing as the notice was issued way back on November 26, 2018.
“I will advance the date of hearing,” the CJI said.
The top court, after issuing notice on the PIL in 2018, had asked the Centre on February 15, 2019 to file the reply within four days and after that the plea has not been listed before a bench.
The bench headed by then CJI Ranjan Gogoi had said that the NGO, Centre for Public Interest Litigation’ (CPIL), which had filed the PIL, can file its rejoinder within a week after the Centre files its response.
The plea challenged the validity of amended section 17A (1) of the Prevention of Corruption Act.
The plea said the amended provision makes prior sanction of appointing authority essential to launch investigation against government servants in corruption cases.
It has alleged that the amended section curtailed investigation against corrupt officials at the threshold and it was the third attempt by the government to introduce a provision which had already been held unconstitutional twice by the apex court.
It has said that according to the amended Act, prior sanction for inquiry or investigation is required only where the alleged offence by a public servant is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties.
“It would be extremely difficult for the police to determine whether a complaint about an alleged offence is relatable to any recommendation made or decision taken by a public servant, especially as even an enquiry cannot be made without prior sanction,” it said.
The plea has claimed that discretion to determine whether or not an alleged offence is relatable to any recommendation made or decision taken by a public servant could become a matter of litigation and would impede time-bound action on cases of corruption.
“The impugned amendments have rendered the PC Act almost ineffective by completely diluting the scope of some of the original provisions, by deleting some of the earlier offences and also by introducing new provision, which in effect would protect corrupt officials and exponentially increase level of corruption,” it said.
The plea claimed that obtaining prior sanction to commence investigation not only took away the element of secrecy and surprise but introduced a period of delay during which vital evidence can be manipulated or destroyed and gave time to the accused to lobby by employing various means for denial of permission.

Agencies

Agencies

Related Posts

Dr Darakhshan reviews arrangements for Annual Urs at historic Dastgeer Sahib Shrine

Dr Darakhshan reviews arrangements for Annual Urs at historic Dastgeer Sahib Shrine
by Agencies
September 17, 2026

  Waqf Chairperson inspects facilities, cleanliness and beautification initiatives; stresses timely completion of ongoing works Srinagar, September 17: Chairperson, J&K...

Read moreDetails

Rain, Thunderstorms Likely at Many Places in J&K on Sept 17-18

Few hours of rains turn Srinagar streets into virtual pools
by KH Web Desk
September 17, 2026

Srinagar, Sept 17: Jammu and Kashmir is likely to witness generally cloudy weather with brief spells of rain, thundershowers and...

Read moreDetails

LG Sinha Greets PM Modi On Birthday, Announces ‘Seva Sankalp Abhiyan’ Across J&K

LG Sinha Calls for Unity, Peace and Development on 80th Independence Day
by KH Web Desk
September 17, 2026

Srinagar, Sept 17: Jammu and Kashmir Lieutenant Governor Manoj Sinha on Thursday extended birthday greetings to Prime Minister Narendra Modi...

Read moreDetails

If govt has no authority, Omar Abdullah should dissolve Assembly: LoP Sunil Sharma

Assembly doesn’t have powers to challenge Art 370 removal: LoP in LA
by KH Web Desk
September 17, 2026

Anantnag, Sept 17: Leader of Opposition in the Jammu and Kashmir Assembly and BJP leader Sunil Sharma on Thursday said...

Read moreDetails

Sakeena Itoo Appeals NHM Employees to Call Off Strike, Resume Duties

Plan To Restore Nov Academic Session Rolled Out In J&K
by KH Web Desk
September 17, 2026

Assures government will examine employees’ concerns and make efforts to resolve them Srinagar, Sept 17 (KNO): Health and Medical Education...

Read moreDetails

Sajad Lone slams Assembly’s “silence” on 1987 poll “rigging” resolution

Sajad Lone questions “One Government, Many Definitions” in Assembly flagging deep EWS disparities
by KH Web Desk
September 17, 2026

Srinagar, Sept 17: Peoples Conference president and MLA Handwara Sajad Gani Lone on Thursday slammed the Jammu & Kashmir Assembly...

Read moreDetails

About

The publication of “Kashmir Horizon” as an English daily was started with a modest attempt on May 19, 2008.It has been a Himalayan attempt for “The Kashmir Horizon” to survive the challenges posed to journalism in the violence fraught place like Jammu & Kashmir.

MORE

Search in Archive

DIGITAL EDITION

  • About Us
  • Contact Us
  • Our Team
  • Advertise with Us
  • Contributors
  • FAQ
  • Privacy Policy
  • Terms of Service

© The Kashmir Horizon - Designed by Gabfire

No Result
View All Result
  • HOME
  • Region
  • City News
    • Srinagar
    • Jammu
  • News In Focus
  • Opinion
    • Editorial
    • Ideas
    • My Idea
    • Friday Faith
    • Letter to the Editor
  • Business
  • Sports
  • India
  • World
  • Snapshots
  • ePaper

© The Kashmir Horizon - Designed by Gabfire