CBI can probe corruption charges against top babus without govt nod: SC

Until now officials of the rank of joint secretary and above could be investigated only with a prior sanction

The Supreme Court today removed a huge hurdle before investigation and prosecution of corrupt officials when a constitution bench ruled that prior sanction of the government was not necessary.

The CBI was handicapped in several scams because of a rule that prior sanction from the higher authorities was necessary to probe erring officials of the rank of joint secretary and above. The court struck down Section 6A of the Delhi Special Police Establishment Act, which requires Central Government's approval for probe in offences under the Prevention of Corruption Act (PCA) to start investigation. The court held that the rule was violative of the equality guaranteed to every citizen in  Article14 of the Constitution.

Elaborating on the discriminatory provision, the judges pointed out that while joint secretary and officers working in the central government were granted protection, the same level of officers working in the states were not granted such protection. Corrupt persons whatever be their status should be treated equally. “They are birds of the same feather,” the court said.

The court observed that corruption was an enemy of the nation and CBI has a role to stem it.  "The sanction rule prevented CBI even from conducting a preliminary enquiry against civil servants.  Crime-doers should not be distinguished on the basis of their status in the civil service."

The five-judge bench headed by Chief Justice R M Lodha wrote the unanimous judgment which said that “this provision on the face of it is not valid. It grants absolute protection to corrupt officers from prosecution. They don’t need a shield like this.”

The court passed the judgment in writ petitions moved by BJP leader Subramanian Swamy and the Centre of PIL, represented by noted lawyer Prashant Bhushan. They had challenged the rule in two petitions moved in 1997 and 2004.