06 May 2014

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SC gives power to CBI to prosecute senior bureaucrats in corruption cases without government permission

SC gives power to CBI to prosecute senior bureaucrats in corruption cases  without government permission

Once again Supreme Court of India did what the Indian Politicians were supposed to do after Indian Independence

Supreme Court ruled that CBI can probe and prosecute senior bureaucrats in corruption cases
Without Centre’s government sanction, saying that corrupt public servants, whether high or low, are birds of the same feather and must be treated equally.

Supreme Court of India quashed, cancelled Section 6A of Delhi Special Police Establishment Act which makes it mandatory for the CBI  to get prior approval of the Centre to probe against an officer of joint secretary-rank or above, the Supreme court held that provision hampers impartial probe and protects crime-doers

Supreme Court bench said that classification made in Section 6-A on the basis of status in the government service is not permissible under Article 14(equality before law) as it defeats the purpose of finding prima facie truth into the allegations of graft and it protects crime-doer.

Indian Express reported that Section 6A was inserted with effect from September 2003, when the NDA was in power. The then law minister, Arun Jaitley, had defended the provision in Parliament during a debate on the Central Vigilance Commission Bill. Jaitley said that those in decision-making positions, who must exercise discretion, and those who have to take vital decisions, needed to be protected against frivolous complaints.

Historical Judgement by the Supreme Court of India

Reality views by sm –

Tuesday, May 06, 2014

Tags – CBI No Sanction

6 comments:

B. May 07, 2014  

hmmmm that is a good decision but then will CBI do its work or find new ways of making money from these senior bureaucrats

Bikram

Lady Lilith May 08, 2014  

Sounds like they are trying to move in the right direction.