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Prior sanction for probe unconstitutional: SC

By The Assam Tribune
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NEW DELHI, May 6 � The Supreme Court today held as invalid and unconstitutional the legal provision which makes sanction of competent authority mandatory for CBI to probe a corruption case against an officer of joint secretary-rank or above, saying it has the propensity of shielding the corrupt, reports PTI.

A five-judge Constitution bench headed by Chief Justice R M Lodha delivered the judgement after examining Section 6A of the Delhi Special Police Establishment Act (DSPEA), which protects top bureaucrats from being investigated in corruption cases without prior approval.

�We hold Section 6A of the Act, which requires Central Government�s approval for the offences under the Prevention of Corruption Act (PCA) to make inquiry against officer of the rank of joint secretary and above, as invalid and violative of Article 14 of the Constitution,� the bench, also comprising justices A K Patnaik, S J Mukhopadhaya, Dipak Misra and F M I Kalifulla, said.

It said there cannot be any classification of officers for the purpose of inquiry of offence under the PCA.

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Prior sanction for probe unconstitutional: SC

NEW DELHI, May 6 � The Supreme Court today held as invalid and unconstitutional the legal provision which makes sanction of competent authority mandatory for CBI to probe a corruption case against an officer of joint secretary-rank or above, saying it has the propensity of shielding the corrupt, reports PTI.

A five-judge Constitution bench headed by Chief Justice R M Lodha delivered the judgement after examining Section 6A of the Delhi Special Police Establishment Act (DSPEA), which protects top bureaucrats from being investigated in corruption cases without prior approval.

�We hold Section 6A of the Act, which requires Central Government�s approval for the offences under the Prevention of Corruption Act (PCA) to make inquiry against officer of the rank of joint secretary and above, as invalid and violative of Article 14 of the Constitution,� the bench, also comprising justices A K Patnaik, S J Mukhopadhaya, Dipak Misra and F M I Kalifulla, said.

It said there cannot be any classification of officers for the purpose of inquiry of offence under the PCA.

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