No need for govt nod to prosecute bureaucrats in court-monitored cases: SC

The Supreme Court on Tuesday said that there is no need for the Central Bureau of Investigation (CBI)to get approval from the Centre to prosecute senior bureaucrats in court-monitored corruption cases.

A three-judge bench, headed by Justice R.M. Lodha, held that section 6A of the Delhi Special Police Establishment Act does not apply in court-monitored cases.

The apex court passed the order in one of the applications filed in coal blocks allocation scam, seeking the court's direction to do away with the provisions of prior sanction of the Centre in cases monitored by the court.

The 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.

The Supreme Court's order strengthens the power of the Central Bureau of Investigation (CBI) to investigate joint secretary and above ranking officers without seeking the government's approval.

The lawyer for CBI confirmed the order stated by the apex court.

"The honourable Supreme Court has held that prior permission of central government is not required for investigation into an offence under Prevention of Corruption Act when (the) involvement of an officer of joint secretary level or above is disclosed during the course of inquiry, where the cases are monitored by the honourable Supreme Court," said the lawyer, Amit Anand Tiwari.

The order came during a hearing in the infamous coal block allocation scam.

The petitioner of the case, Prashant Bhushan, who had submitted an application for the section 6A to be overruled in specific cases, expressed his happiness.

He said that CBI was being manipulated by the government, but now it would be easier to conduct inquiries without any influence by government authorities.

"It is a very good decision by the Supreme Court that at least court-monitored investigation, which is very few in number like the 2G scam or the Coalgate scam, in which an investigation committee, especially the CBI, will not have to take government's permission for probe," said Bhushan.

The government had opposed the application of any such ruling on the grounds that honest officials could be harassed.

The coal scam emerged in August 2012 with the release of a report by the apex audit body, the Comptroller and Auditor General (CAG) that questioned the lack of transparency and undervaluing in the award of potentially valuable concessions.

Reportedly, files of 157 private companies who had applied for the captive coal blocks but were not allocated, went missing.

The ruling Congress party is battling allegations of widespread corruption in government and the latest reports in various scams offers further ammunition to its opponents in the run-up to general elections next year.