BANGALORE: The Lokayukta police are in a bind over prosecuting a senior official of the Department of Stamps and Registration who was caught while allegedly accepting a bribe of Rs. 1 lakh nearly two and a half years ago, as the State Government has given a "defective sanction" for prosecuting the official.

The "defective sanction," according to the Lokayukta police, does not hold good before the court trying the case. The Lokayukta police will shortly write to the Government requesting a proper sanction.

Shivaraya Yamunappa Javadagi, then Deputy Inspector-General (Administration and Law), Department of Stamps and Registration, was caught while allegedly accepting the bribe from Rajanna for reducing the stamp duty on the sale of a property situated in Basavanahalli of Bangalore Rural district.

A few days ago, the State Government wrote to the Lokayukta police according sanction to prosecute Mr. Javadagi for offences under the Prevention of Corruption Act.

`Defective sanction'

Section 19 of the Prevention of Corruption Act states that a court can take cognisance of cases registered under the Act only when there is prior sanction from a competent authority under whom the accused government official is working. The competent authority should go through the material submitted by the Investigating Officer and be convinced about the offence, before giving sanction for prosecution.

Not valid

Sanction given mechanically by affixing a signature without application of mind is interpreted as a "defective sanction," which is not valid. The Supreme Court has said in various cases that prosecution launched and the order convicting the government official on such defective sanctions are liable to be quashed.

In the case of Mr. Javadagi, the Secretary to the Revenue Department, in the communication sent to the Lokayukta in the first week of May, granted sanction without making any reference to the fact that he had gone through the material supporting the case and was convinced about the charges made against the official. The communication states that the prosecution sanction was being given as the Lokayukta police had sought it.

This is the second defective sanction received by the Lokayukta police. The first was received a few months after the registration of the case. The Lokayukta police sent back the sanction letter in May 2004 and asked the Revenue Department to send a proper sanction for prosecution. In response, the department wrote back saying that it had withdrawn the sanction order and, instead, it would hold a departmental inquiry against Mr. Javadagi. The Lokayukta police then questioned the change in stance and once again requested sanction for prosecution.

Many cases pending

Mr. Javadagi's case is one among 50-odd cases against high-profile officials in which the State Government is dragging its feet in granting sanction. Among the cases pending for sanction include those against IAS officers P.B. Ramamurthy and I.R. Perumal, IPS officer Kempaiah and KAS officer C. Somashekar.

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