CBI can investigate corruption charges against top babus without govt nod: SC--Times of India
6th May 2014
NEW DELHI: The Supreme Court on Tuesday struck down a single directive provision which barred CBI from investigating corruption charges against joint secretary and above rank officers without prior permission of the Centre.
The court held as invalid and unconstitutional the provision in the law requiring government's approval to probe senior bureaucrats on corruption charges.
All government officials have to be treated equally and have to face the same process of inquiry in graft cases, the SC said, adding, "status of top bureaucrats is of no relevance in the offence under the Prevention of Corruption Act".
The apex court said such a classification of bureaucrats for investigation purposes violated Article 14 of the Constitution which mandated that law would treat everyone equally.
"Prior permission from the Centre to probe corruption charges against joint secretary level officers would fetter the CBI from collecting evidence and also alert the corrupt to destroy evidence," the Supreme Court added.
"Protection of prior approval for probing graft charges against officers at level of joint secretary and above has propensity of shielding corruption," the Supreme Court said.
This is the second time the apex court is striking down the single directive provision in Delhi Special Police Establishment Act.
Link times of India
SC on its side, CBI plans to move fast but cautious-Business Standard
CBI is not just hoping that the move will "greatly expedite a number of investigations" but also help breaking its proverbial cage and getting more operational autonomy
Ruchika Chitravanshi | New Delhi
May 6, 2014
Over a dozen cases are piled up on the desks of CBI investigators because the required permissions to question the public officials of joint secretary and above ranks have not been granted.
That hurdle now removed with the Supreme Court verdict rendering such approvals to probe senior bureaucrats for corruption as invalid and unconstitutional, CBI is not just hoping that the move will "greatly expedite a number of investigations" but also help breaking its proverbial cage and getting more operational autonomy.
"It puts much more responsibility on us that no innocent civil servant is harassed or prosecuted," said Ranjit Sinha, director, CBI. CBI is hoping to move fast on its National Spot Exchange probe where it wanted to question the chairman and managing director of Mineral and Metal Trading Corporation but could get the permission from the commerce ministry. The agency had registered a case in the matter on March 13. Of the cases pending approvals 66 per cent are registered complaints and the remaining are in preliminary enquiry stage with the longest pending approval in limbo since January 2013 ina railways related probe.
"We did not have a problem in seeking permission, but to get it from the interested party itselfis not fair to the probe. Instead we proposed that a panel of cabinet secretary, the department concerned and director CBI could review such applications," a senior CBI official said.
In the past CBI officials claim that probe has been delayed for want of such permits incases like the coal scam where the agency could not question H C Gupta, former coal secretary in connection with Jindal Steel and Power FIR for several weeks as the permission was denied. Gupta was questioned after he stepped down from public office as member of the Competition Commission of India.
Similar instances occurred when CBI wanted to question TKA Nair, advisor to Prime Minister Manmohan Singh and other joint secretaries of Prime Minister Office in the coal block allocation scam. Nair was finally reached out through a written questionnaire by CBI. As per the provisions of the Prevention of Corruption Act under article 6A, CBI is supposed to take the permission of the immediate senior bureaucrat when it wants to question a joint secretary and above officer.
For Secretary rankofficials the go ahead has to come from the concerned minister. No such permissionis required as per law to question a sitting Minister. However, the agency is supposed to inform the Speaker or the chairperson of the house and the Prime Minister's office if it is a cabinet minister. For instance, in the railway bribe for post scandle, CBI had gone to the PMO before questioning former rail minister Pawan Kumar Bansal who had to step down from the post.
Next on the wish list of CBI is the speeding up of the prosecution sanction to which there is presently no time limit. "Government can sit on it for as long as it wants. Ifa deadline can be put to it then unnecessary delays won't happen," the senior CBI official told.
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