No sanction required to investigate senior bureaucrats : Supreme Court

Supreme Court ,New Delhi: In a historic verdict, the Supreme Court on Tuesday ruled that no permission was required from the government to investigate officers above the rank of Joint Secretary.

A constitutional bench of the apex court upheld the primacy of Article 14 of the Constitution – equality before law – to bring senior bureaucrats – Jt Secretary and above – at par with the other citizens.

The bench said that there is no justification (for the bar on probe) as it hampers the fight against corruption.

A provision in the law governing the CBI says the agency needs sanction from the government to investigate senior bureaucrats accused of corruption.

That provision, Section 6A of the Delhi Police Act, was struck down by the court, which called it unconstitutional.

In 2003, the rules requiring the government’s permission to investigate top officers were brought in by an administrative order, which the court had then called unconstitutional.

The measure was again brought in by an amendment in the CBI Act, which was today struck down.

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