Kerala High Court Directs Timely Approval Under Prevention of Corruption Act for Case Registration
Court mandates action within two months for non-registration of case due to lack of prior approval under Section 17A
In a significant ruling, the Kerala High Court addressed the issue of non-registration of a case stemming from the absence of prior approval under Section 17A of the Prevention of Corruption Act, 2018. The petitioner, Muhammedshammas.P, had moved the court under Article 226 of the Constitution, seeking directives for the registration of a case against the 4th respondent, based on a representation that had been previously submitted.
The court, presided over by Mr. A. Badharudeen, J., examined the grievances presented by the petitioner, who contended that despite submitting Exhibit-P9 representation, the 3rd respondent failed to register a case against the 4th respondent due to the lack of necessary approval. The petitioner’s counsel argued that the delay was due to awaiting prior approval from the Vigilance as mandated by the Prevention of Corruption (Amendment) Act, 2018.
During the proceedings, the learned Public Prosecutor acknowledged that the file, including Exhibit-P9, had been forwarded to the additional 5th respondent, who is responsible for granting the required approval. The court was informed that the 3rd respondent was in a holding pattern, awaiting this approval to proceed with the case.
Recognizing the procedural delay, the petitioner's counsel requested the court to issue directives for the additional 5th respondent to consider the approval within a stipulated timeframe, thereby enabling further action. The Public Prosecutor did not oppose this request, given that the necessary documentation had already been forwarded to the additional 5th respondent.
Concluding the hearing, Justice Badharudeen directed the additional 5th respondent to expedite the approval process under Section 17A of the Prevention of Corruption Act, 2018. The court mandated that the approval and subsequent orders should be completed within two months from the date of receipt of the judgment copy, as the file had been in transit since July 8, 2025.
The judgment also provided the petitioner with the liberty to approach the court again if the grievance remained unresolved after the stipulated period. This decision emphasizes the need for timely administrative actions in corruption cases, ensuring that procedural requirements do not impede justice.
Bottom Line:
Non-registration of a case based on representation due to lack of prior approval under Section 17A of the Prevention of Corruption Act, 2018 - Directed that the concerned authority consider granting approval within a specified timeframe.
Statutory provision(s): Constitution of India Article 226, Prevention of Corruption Act, 2018 Section 17A
Muhammedshammas.P v. State of Kerala, (Kerala) : Law Finder Doc id # 2784468
