CBI-Centre rift in SC on sanctions issue

Highlights

The CBI and the Centre appeared heading for a confrontation in the coalgate case with the agency on Tuesday asserting in the Supreme Court that no prior sanction is required to prosecute bureaucrats in the scam, a stand contrary to that of Government.

New Delhi (PTI): The CBI and the Centre appeared heading for a confrontation in the coalgate case with the agency on Tuesday asserting in the Supreme Court that no prior sanction is required to prosecute bureaucrats in the scam, a stand contrary to that of Government.

In a six-page affidavit, the CBI contended that no sanction or approval of the government is required in court monitored cases and referred to the apex court's judgement in 2G scam in which time period for government was stipulated in granting sanction in other cases.

"There is no requirement of sanction for prosecution in cases where court has either directed investigation or is monitoring investigation of the case. "The consistent pronouncements of this court on Section 6A of the DSPE (Delhi Special Police Establishment) Act and Section 19 of the PC (Prevention of Corruption) Act clearly show that requirement of sanction for prosecution is not mandatory when the same is done pursuant to court direction or where cases are monitored by the Court," the agency said.
The Centre, however, had earlier taken a contrary stand before the apex court by saying that even in a court-monitored probe, prior sanction is required to investigate officials in a corruption case.

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