The Supreme Court on Tuesday ruled that a prior approval from the Centre was not required to investigate officers of Joint Secretary and above in cases monitored by a Constitutional court.
A three-judge bench presided over by Justice R M Lodha said that a prior sanction under Section 6A of the Delhi Special Police Establishment Act had to be bypassed in investigations or inquiry being monitored by a high court or the Supreme Court.
“We hold that the approval of the Central Government is not necessary under Section 6A of the DSPE Act in a matter where inquiry/investigation into the crime under the Prevention of Corruption (PC) Act is being monitored by this Court. This position holds good in cases which are directed by the court to be registered and the inquiry/investigation thereon is actually being monitored by this Court,” the bench, also comprising Justices Madan B Lokur and Kurian Joseph, held.
The ruling was described as “substitution of a forum from a Minister to a constitutional court” by the court. The provision of law so far provided a layer of protection to senior government officers.
Section 6A called for obtaining Central government’s approval to hold enquiries or investigations in cases where a central government employee above the Joint Secretary level faces charges under PC Act.
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