The Supreme Court on 31 January 2012 set aside the Delhi High Court order refusing to pass any direction to the Prime Minister for taking a decision on sanction of prosecution in 2G case. The Supreme Court held that filing of a complaint under the Prevention of Corruption Act is a constitutional right of a citizen. It said the competent authority should take a decision on giving the sanction within a time frame. In a case filed by Janata Party Chief Subramanian Swamy, seeking a direction to the Prime Minister for sanction to prosecute the then Telecom Minister A Raja, the two judge bench of the Apex Court held that if the sanction is not given within four months it would deem to have been granted. The bench comprising justices G S Singhvi and A K Ganguly held that Swamy had the locus standi to seek sanction for Raja's prosecution. The court, however, said, it was not declaring as ultra vires, the provisions of the Prevention of Corruption Act.
The Apex Court had reserved its judgement on 24 November, 2010 on the petition filed by Swamy alleging that there was delay in taking action on his plea seeking sanction to prosecute A. Raja.
The PMO had, however, refuted all the allegations and filed an affidavit before the apex court maintaining that the request for sanction for prosecution of Raja was considered by the Prime Minister and that he was advised that evidence collected by CBI was necessary before taking a decision. The government said as the CBI probe was going on, it was necessary to wait for its completion before taking any decision on granting sanction.
Swamy had approached the Apex Court challenging the Delhi High Court judgement that had refused to pass any direction to the Prime Minister for taking decision on sanction.