Govt nod not needed to probe officials, says SC

New Delhi: In a historic judgement, the Constitutional Bench of Supreme Court on Tuesday says that no permission is required from the government to investigate officers above the rank of Joint Secretary. The apex court strikes down Section 6A of the Delhi Police Act that makes government's permission mandatory for pressing charges against senior bureaucrats from the level of Joint Secretary and above both in States and at the Centre. In the States, Governor’s permission is required and at the Centre, the President has to give permission for investigation against these officials. The court says that there cannot be any discrimination when it comes to investigating a criminal act. The court held as invalid and unconstitutional the provision requiring government nod to probe senior bureaucrats on corruption charges. The court says, "The status of top bureaucrats is of no relevance in the offence under the Prevention of Corruption Act."

Supreme Court lawyer Prashant Bhushan says, "The order is passed by the constitutional bench of the Supreme Court which strikes down the Section 6A of the Delhi Police Act. The CBI will now not need the permission of the government to probe the officers." BJP leader Subramanian Swamy had filed a petition against the Section 6A stating that it discriminates while probing a senior level officer and a junior level officer. Reacting to the court ruling, CBI Director Ranjit Sinha said, "We are happy with the Supreme Court's judgement."

“This absolutely a dishonest provision had been introduced by the government after the hawala judgement, when the Supreme Court had held that this same single directive, which had by then been introduced by way of an administrative order that this was unconstitutional,” Bhushan said outside the court premises.

He also added, “despite that the same provision was brought in the CVC Act and the CBI Act in 2003, which has today been declared to be unconstitutional, the Supreme Court has held that this is interfering and obstructing corruption investigation against senior officers. And the Supreme Court has also held that this is totally discriminatory because under the constitution under Article 14 all people are considered equal and just because officer happens to be senior officer above the level of joint secretary, he cannot be granted this kind of protection and immunity.”