Coal scam: SC clears deck for CBI to prosecute top bureaucrats without govt approval
New Delhi: The Supreme Court on Tuesday held that no approval from the Centre is required by CBI to prosecute senior bureaucrats in court-monitored corruption cases, strengthening the arms of the agency to go ahead against the officials without taking prior sanction from government.
A three-judge bench headed by Justice R M Lodha cleared the deck for the agency to prosecute bureaucrats allegedly involved in coalgate scam without waiting for government's sanction.
The bench passed the order in one of the applications filed in coal blocks allocation scam seeking its direction to do away with the provisions of prior sanction of the Centre in cases monitored by court.
"Sanction is not necessary under section 6A of the Delhi Special Police Establishment (DSPE) Act when the case under the Prevention of Corruption Act is monitored by court," the bench said.
The apex court had earlier expressed its reservation over Centre's stand on mandatory sanction to investigate senior bureaucrats in all corruption cases, saying such statutory provision would hamper judicial power in court-monitored probe like in the coalgate case.
It had brushed aside the contention of the Centre that the approval of competent authority for holding inquiry or probe against officers from the rank of joint secretary level under section 6A of the DSPE Act was necessary as it acts as a 'filter' to shield honest officers from harassment.
The bench had made it clear that the court takes the task of monitoring the investigation 'when there is always a lurking doubt that the executive will abuse power'.
Attorney General G.E. Vahanvati had contended that there should not be any reluctance in hearing the government's view before subjecting a senior bureaucrat to investigation.
Differing from the Centre, CBI counsel Amarendra Sharan had said there was no need for approval or sanction of competent authority in quizzing bureaucrats from the rank of joint secretary in a court-monitored probe like the Coalgate.
The agency's view was shared by advocate Prashant Bhushan, appearing for NGO Common Cause and PIL petitioner advocate Manohar Lal Sharma.
While Bhushan had said where there is a court-monitored probe, there should not be any impediment in the form of Section 6A, Sharma had said with court undertaking the monitoring, the role of government comes to an end. The court had earlier asked the AG as to why sanction of the Government was necessary in respect of "court monitored" or "court directed" probes.
