New Delhi: A two-judge bench of the Supreme Court on January 13 (today) delivered a split verdict on the matter of corruption investigations on public servants needing prior government approval.The bench of Justice B.V. Nagarathna and Justice K.V. Viswanathan was looking at the constitutionality of Section 17A of the Prevention of Corruption Act, inserted by the 2018 amendment.What the section saysSection 17A of the Prevention of Corruption Act, 1988, introduced in July 2018, bars any “enquiry or inquiry or investigation” against a public servant for recommendations made in discharge of official duties without prior approval from the competent authority.LiveLaw has reported on how Justice Nagarathna held the provision unconstitutional, ruling that it shields corrupt officials and undermines the purpose of the Act. She said Section 17A revives safeguards earlier struck down by the court in the Vineet Narain and Subramanian Swamy judgments, forecloses inquiries, and protects the corrupt rather than honest public servants. “Section 17A is unconstitutional and it ought to be struck down. No prior approval is required to be taken,” she said.She called it an attempt to “protect the corrupt.”The case arose from a petition by the Centre for Public Interest Litigation challenging the 2018 amendments to the Act, with senior advocate Prashant Bhushan arguing that Section 17A unlawfully reintroduced protections earlier invalidated by the court.Justice Viswanathan disagreed with striking down the provision, and instead espoused reading it down. He held that the decision on granting sanction should be taken not by the executive but by an independent authority such as the Lokpal or the Lokayukta.“Section 17A has no vice of invalid classification. The possibility of abuse is no ground to strike down Section 17A,” Justice Viswanathan stated.He warned that removing the provision entirely could lead to policy paralysis and that striking down the provision will amount to “throwing the baby out with the bath water”. Honest public servants need to be shielded from frivolous investigations, the judge said.The matter has now been referred to the Chief Justice of India Surya Kant, who will likely form a larger bench to hear it.