SC delivers split verdict on constitutionality of prior sanction to probe public servants under Section 17A of PC Act

While Justice B.V. Nagarathna held the provision to be arbitrary, Justice K.V. Viswanathan ruled that it is constitutionally valid, subject to the condition that instead of the Central or the State government, the prior sanction to proceed against a public servant would depend on the recommendation of the Lokpal or the Lokayukta (in the case of States).