Home Top Story Sanction for probing senior officers not needed : SC

Sanction for probing senior officers not needed : SC

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The News Bureau

The Supreme Court quashed Section 6A of the Delhi Special Police Establishment Act that mandates the CBI to take prior sanction of the government before investigating an officer of the rank of joint secretary and above in corruption cases.

The apex court's Constitution Bench of Chief Justice R M Lodha, Justice A K Patnaik, Justice Sudhansu Jyoti Mukhopadhyaya, Justice Dipak Misra and Justice Fakkir Mohamed Ibrahim Kalifulla said Section 6A

iscriminates and divides the bureaucracy into two sets of officers and shields those at the senior level.

The court said the government could not protect one of them while leaving the other to fend for himself. A corrupt servant is a corrupt servant and corruption is enemy of the nation, the court said.

The verdict striking down Section 6A of the Delhi Special Police Establishment Act came on a petition filed by BJP leader Subramanian Swamy.

It is seen as a landmark verdict since the corrupt bureaucrats had been escaping from corruption cases on the pretext of lack of sanction from the competent authority. This provision was grossly misused by the almost all the governments – both at the centre and states – so far. 

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