Supreme Court lawyer Prashant Bhusan on Tuesday, declared that the Supreme Court's constitution bench had struck down the single directive which required the Government's nod by the Central Bureau of Investigation (CBI) for even investigating officers of the level of joint secretary and above.
"The Supreme Court's constitution bench has today in a historic judgement struck down the single directive which had been introduced in 2003 in the CBI Act and the CVC Act by which the CBI was required to take the permission of the Government for even investigating officers of the level of joint secretary and above. This absolutely a dishonest provision had been introduced by the government after the hawala judgement, when the Supreme Court had held that this same single directive, which had by then been introduced by way of an administrative order that this was unconstitutional," Bhushan said outside the court premises.
He also added,"despite that the same provision was brought in the CVC Act and the CBI Act in 2003, which has today been declared to be unconstitutional. The Supreme Court has held that this is interfering and obstructing corruption investigation against senior officers. And the Supreme Court has also held that this is totally discriminatory because under the constitution under Article 14 all people are considered equal and just because officer happens to be senior officer above the level of joint secretary, he cannot be granted this kind of protection and immunity.
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