No need for prior approval to prosecute Joint Secretary, above rank officers in corruption cases: SC

The Supreme Court on Monday held that there was no need for the CBI to seek prior sanction for the prosecution of joint secretary and above-rank officers in cases registered under the Prevention of Corruption Act.

A five-judge Constitution bench led by Justice Sanjay Kishan Kaul said its 2014 judgement in the case of Subramanian Swamy - which quashed the validity of Section 6 A of the Delhi Special Police Establishment Act would be applicable from the date of September 11, 2003, when the provision was originally inserted.

The bench, also comprising Justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari delivered the verdict, further declaring Article 20(1) of the Constitution would have no applicability on the validity of Section 6 A of the Delhi Special Police Establishment Act.

Justice Nath pronounced the unanimous verdict in the matter.

The court had reserved its judgement in November 2022 on the issue of whether the 2014 judgement in Subramanian Swamy can be applied retrospectively in pending cases.

According to Article 20(1) of the Constitution, no person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

Section 6A of the DSPE Act made the approval of the central government mandatory to conduct an inquiry or investigation for offences under the Prevention of Corruption Act, 1988 where such allegation relates to the employees of the central government of the level of Joint Secretary and above.