Govt nod unnecessary to probe officers above Joint. Secy : SC

by news
March 25, 2015

New Delhi: The Constitutional Bench of Supreme Court said that no permission was required from the government to investigate officers above the rank of Joint Secretary.

The historic judgement was given on Tuesday May 6. The apex court struck down Section 6A of the Delhi Police Act that makes government’s permission mandatory to investigate senior bureaucrats facing corruption charges.
The court said that there cannot be any discrimination when it comes to investigating a criminal act. The court held as invalid and unconstitutional the provision in the law requiring government’s approval to probe senior bureaucrats on corruption charges.

The court said, “The status of top bureaucrats is of no relevance in the offence under the Prevention of Corruption Act. The CBI will now not need the permission of the government to probe the officers.”

BJP leader Subramanian Swamy filed a petition against Section 6A of Delhi Police Act stating that it discriminates while probing a senior level officer and a junior level officer.

However the CBI Director Ranjit Sinha was happy with the Supreme Court’s judgement.