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Withdrawal of sanction to prosecute Shampath challenged

By A. Subramani

CHENNAI JAN. 16. C. Kuppusami, the DMK MP, has petitioned the Madras High Court to quash a GO withdrawing sanction to prosecute P.A. Shampath, IAS officer, accused in the `cremation shed scam'.

(The official, along with the former AIADMK Minister, T.M. Selvaganapathy, was charged with flouting rules while awarding contracts to Salem-based industrial cooperative societies for constructing 2,000 cremation sheds in districts. Besides fixing an exorbitant rate of Rs. 30,000 for a shed, they violated the mandatory provisions by sanctioning 50 per cent of the sum as advance to the societies. Collectors and project officers were individually charged in the cases. The CBI investigated the issue after obtaining sanction in accordance with Section 19 of the Prevention of Corruption Act 1988, and filed charge sheet. But on December 15, 2002, the Government passed an order withdrawing the sanction for prosecution.)

In his petition, the MP contended that after the court took cognisance of the case and the proceedings began, the withdrawal of sanction was "tantamount to interference with the administration of justice".

Also, "the appropriate authority, which accorded sanction to the prosecution, does not have the power to review its own order at a subsequent point of time and withdraw the sanction granted, as there is no statutory provision enabling such withdrawal".

Apprehending that the GO would result in the miscarriage of justice, Mr. Kuppusami said unless its operation was stayed "the public interest would be prejudicially affected and trial of the case unduly delayed". The petition is expected to come up for hearing on Monday.

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