In a set back to the Mumbai police; Maharashtra Assembly Speaker Dilip Walse-Patil has refused to sanction the prosecution of former Congress Minister Kripa Shankar Singh in a disproportionate assets case.

A Special Investigation Team (SIT) formed on the directions of the Bombay High Court was probing the case against Mr. Singh under various sections of the Prevention of Corruption Act. He was then Mumbai Congress Chief and had resigned after the allegation surfaced.

A senior police officer told The Hindu that Mr. Walse-Patil’s reply is being studied and a legal opinion has being sought. “Based on the opinion we might seek a fresh sanction from the speaker,” he said.

“A recent apex court decision states there is no appointing authority for public servants as they are elected representative. Hence such elected representatives can be prosecuted without a sanction. We are also studying if this could be applied in our case,” he added.

In 2010, a local activist, Sanjay Tiwari had filed a case with the Anti-Corruption Bureau (ACB) of the Mumbai police alleging that Mr. Singh and his family members had amassed assets over Rs. 300 crore, not proportionate to their known source of income. However, the ACB in its inquiry found that the combined assets of Singh and his wife, Malti Devi Singh were a little over 11 per cent of their known source of income and did not file a case against him.

Mr. Tiwari then approached the Bombay High Court which directed the Mumbai police to investigate the case afresh. In February, 2012 an FIR was lodged and in March, 2012 searches were conducted by the SIT at Mr. Singh's residence and office. Mr. Singh resigned from of post of Mumbai Congress Chief after the allegations surfaced.

In December, 2012, the committee headed by the former police commissioner Satyapal Singh after completing its probe had sought sanction to prosecute the Congress leader. While probing a public servant in an anti-corruption case it is a legal requirement under the law to procure the sanction of the appointing authority. The Speaker was judged as the appointing authority in Mr. Singh's case.