CBI welcomes SC ruling; says it will help in finalising pending cases
Supreme Court of India (Photo: DC archives)
New Delhi: Taking away a statutory shield from bureaucrats accused of corruption, the Supreme Court on Tuesday held as unconstitutional a legal provision that makes it mandatory for the CBI to seek the Centre’s approval before initiating a probe into allegations of corruption against government officers of the rank of joint secretary or above.
A five-judge Constitution Bench held Section 6A of the Delhi Special Police Establishment Act 1946, that governs the CBI, discriminates between officers of different ranks and fetters the agency from conducting an impartial probe.
“Corrupt public servants, whether high or low, are birds of the same feather and must be confronted with the process of investigation and inquiry equally. Based on the position or status in service, no distinction can be made between public servants against whom there are allegations amounting to an offence under the Prevention of Corruption Act 1988. The object of Section 6A itself is discriminatory,” the bench headed by Chief Justice R.M. Lodha said.
“Every public servant against whom there is reasonable suspicion of commission of crime or there are allegations of an offence... has to be treated equally and similarly under the law.”
“The very power of CBI to enquire and investigate into allegations of bribery and corruption against a certain class of public servants and officials in public undertakings is subverted and impinged by Section 6A. The protection in Section 6A has propensity of shielding the corrupt,” the 71-page verdict said.
“The previous approval from the government necessarily required under Section 6A would result in indirectly putting to notice the officers to be investigated before commencement of investigation.
Moreover, if the CBI is not even allowed to verify complaints by preliminary enquiry, how can the case move forward? If the CBI is prevented from holding a preliminary enquiry, at the very threshold, a fetter is put to enable (sic) the CBI to gather relevant material,” it said.
The court said “corruption is an enemy of nation” and must be dealt with sternly.
( Source : dc )
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