The amendments made to the Prevention of Corruption Act 2018, stating that prior approval is required to book cases against public servants have no retrospective effect, the High Court has held.
Dismissing a petition moved by a few accused facing trial in a corruption case, the court held that the amendments did not apply to cases registered and under investigation and to cases in which investigation had been completed and are pending trial. There was nothing in the statute to indicate that it had retrospective effect, the court held.
The purpose of the Act is to eradicate corruption in administration and to punish corrupt officers. It also has to strengthen the vigilance wing of the government to investigate corruption in administrative set-up, the court noted.
Petition dismissed
The court issued the order while dismissing the petition moved by a few persons who were facing trial for offences punishable under the Indian Penal Code and the Prevention of Corruption Act.
The chargesheet related the offence to the disbursement of agricultural cash credit loans during the 2007-2008 period. The FIR was registered on July 24, 2008 and final report in June 2011.
The petitioner contended that there was a legal embargo in the continuation of the trial following the amendment to the PC Act, which came into force on July 26, 2018.
