Supreme Court ruled on 17 December 2013 that government’s prior sanction is not required to probe a public servant. This will apply to the cases where the probe is being conducted by the Central Bureau of Investigation (CBI) under the surveillance of the Court.
A three-judge bench of Justice RM Lodha, Justice Kurian Joseph and Justice Madan B. Lokur ruled that Section 6A of the Delhi Special Police Establishment (DPSE) Act does not apply to the corruption cases being monitored by the Court. Section 6A of the DPSE Act requires prior consent of the Central Government to investigate top babus.
Thus, it gave the CBI power to investigate officers of the rank of joint secretary and above without the Centre's prior permission in cases where court is monitoring the probe.
The Judgement was delivered while hearing the plea filed by the CBI contending that there was no need for prior government sanction to inquire a public servant in court-monitored cases. As a result, the deck has been cleared for the CBI to prosecute bureaucrats allegedly involved in coalgate scam without waiting for government's sanction.
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