A Raja’s is not an isolated case

Former telecom minister A Raja is not the only beneficiary of the Union government’s largesse. At least 374 other prosecution requests made by CBI are also pending sanction.

As on August 31, 2010, 62 pleas for prosecution of customs and central excise officers, 37 for prosecution of railway officials, 19 BSNL, 10 telecom, 10 Food Corporation of India, 17 Western and South Eastern Coal fields and an equal number of requests for prosecution of Bharat Petroleum Corporation Limited officials were pending.

Most 342 requests are for prosecuting persons booked under Prevention of Corruption Act.

On September 30, 2010, the central vigilance commission (CVC) noted that 38 cases were awaiting prosecution sanction for over four months. Of these, four were from department of post and telecommunication, an equal number from finance ministry, two from department of economic affairs, six from urban development ministry and five from BSNL.

Government departments and ministries have been misusing a constitutional provision (Article 311) under which CVC has to seek government sanction before initiating prosecution proceedings against corrupt officials. The provision was originally meant to protect the honest, but is now helping the corrupt.

The other loophole is that CVC recommendations are not binding on the government.

Last September, DNA had highlighted how the government did not heed CVC advice in 979 cases since 2004 and exonerated allegedly corrupt officials.