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Good Governance

According Sanction for prosecution

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INDIA NEEDS A NEW CONSTITUTION
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According Sanction for prosecution
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On the basis of my own experiences, under which my several “Applications for according sanctions” against criminal misconduct of various public Servants are pending not only for years, but few for decades, I understood that besides lack of transparency in the system another reason for development of corruption, particularly committed by the Senior Members of the Bureaucracy or Politicians in Powers holding High Offices, caused by the present unbalanced Law of According Sanction to Prosecute a Public Servant, which not fixed any time limit to accord or refuse a application for according sanction. Taking advantage of the situation powerful politicians and Senior Members of the Bureaucracy used their all resources and skills to damage the evidences. Therefore, I invented, innovated, evolved and referred my suggestions With Regards to amendment in Section 197 of Criminal Procedure Code and likewise amendments in the Prevention of Corruption Act, 1988 in Writ Petition (Civil) No. 151 of 1996 before Supreme Court of India. Here, I am reproducing my suggestions from the aforesaid Writ Petition for kind considerations of the Legal Luminaries and common citizen particularly those who suffered due to criminal misconduct of any of the public servant.

CHAPTER – II

(Suggestions to amend in Section 197 of Criminal Procedure Code)

After omission of Existing Clause (4) NEW CLAUSE (4) shall be inserted

NEW CLAUSE (4) The Central Government or State Government as the case may be, shall

grant or refuse the previous / according sanction within six months from the date of original application for sanction, otherwise the same shall be deemed to be granted / accorded.

CLAUSE (5) The Prosecution proceeding against the Prime Minister of India, Chief Minister of a State, Public Servant holding Post of Secretary rank in the Central or State Government service, any Judge or Magistrate Posted at any District within territory of India shall be filed before Supreme Court.

CLAUSE (6) The Prosecution proceeding against any Minister of a State, and / or Public Servant All-India service (IAS, IPS, and ALLIED Services) except those referred under Clause (5) shall be filed before a High Court having Local Jurisdiction in the matter.

CLAUSE (7) The Prosecution proceeding against any Public Servant except those referred under Clause (5) and (6) shall be filed before a Court of District Session Judge, having Local Jurisdiction in the matter.

CLAUSE (8) Filling Court, after ex-party Prima facie satisfaction (of) complaint, shall transfer the prosecution proceeding for trial and adjudication to any of its sub-ordinate Court(s)

CLAUSE (9) Filling Court, for its ex-party Prima facie satisfaction can call for any record from any authority.

The provisions of Section 19 of the Prevention of Corruption Act, 1988 shall be amended accordingly.

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TRUTH SHALL PREVAILS