Setting aside the Delhi High Court judgement on sanction of prosecution in 2G case, the Supreme Court on Tuesday held that filing of a complaint under the Prevention of Corruption Act is a constitutional right of a citizen and 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 then it is deemed 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 said, it was not declaring as ultra vires, the provisions of the Prevention of Corruption Act.

The Apex Court had reserved its judgement on November 24, 2010 on the petition filed by Swamy alleging that there was delay in taking action on his plea seeking sanction to prosecute A. Raja.