CBI freed of govt nod to try bureaucrats

SC says agency can go ahead if court monitoring probe

The Supreme Court on Tuesday ruled that the Central Bureau of Investigation (CBI) does not require the government’s sanction to prosecute senior civil servants when the court is monitoring corruption cases against them. The apex court, thus, removed a main hurdle before the investigative agency in pursuing major corruption cases as in the 2G telecom spectrum and coal block allocation scams.

The court gave the ruling while hearing a public interest suit regarding coal block allocation scandal. The government has been prevaricating in granting sanction when senior officials were involved.

The three-judge Bench, headed by Justice R M Lodha, cleared the roadblock and allowed the prosecution to go ahead without waiting for the sanction under Section 6A of the Delhi Special Police Establishment Act, which created the nation’s prime investigating agency.

Attorney-General G E Vahanvati and other law officers had valiantly defended the rule, which is also found in the Prevention of Corruption Act. According to the government, such a provision  was necessary to prevent frivolous and vexatious charges being made against honest bureaucrats, affecting the efficiency of administration.

Accepting the argument of the petitioner, Common Cause, the Bench stated the hurdle should be removed for speedier conclusion of the investigation and trial of those who hold the post of joint secretary and above.

It was argued by the petitioner that when the court takes over the monitoring, the role of the government with regard to sanction comes to an end.

Recently, during the coal scam proceedings, the investigating agency had come out openly against the government and sided with the petitioner, saying the CBI should not be burdened with the tedious procedure for sanction when the court itself was monitoring the case.

Earlier, in the 2G scam, the court had dispensed with sanction, leading to the arrest of top government functionaries.