Sir,
This refers to the news item “No prior sanction for probe: S.C” DE dated 7th May. The Apex Court by holding Sec 6-A of the Delhi Special Police Establishment Act as unconstitutional and violative of article 14 of the Constitution of India, has withdrawn the protection of prior sanction of the competent authority for the C.B.I. to probe a corruption case against the officers of the rank of Joint Secretary and above. The five Judge Constitution Bench said that Sec 6-A of the said Act has the propensity of shielding the corrupt senior bureaucrats involved under the Prevention of Corruption Act. The Hon’ble Court has cleared all the doubts and apprehensions by holding that “the corrupt Public Servants higher or lower in rank are the birds of same feather and have to be dealt with equally.” The arguements put forth by the defence that lodging an FIR against a top bureaucrat would harm the officers reputation and that of the Deptt. as well so the Govt in view of the provisions of Sec 6-A of the above said Act had decided to check the nature of the complaint before preliminary inquiry. The bench disagreeing with the defence held that if the preliminary enquiry can not be held without prior approval how the investigations can proceed? This prior approval clause is directly against the basic provisions of the Prevention of Corruption Act as the CBI is barred from collecting the evidence, even if available at the initial stage of a corruption case involving senior bureaucrats for want of prior approval and during the process of seeking approval the said evidence could get diluted or destroyed.
This issue is of great importance if examined in view of the findings of N N Vohra Committee Report of Oct 1993 which besides some other details says that there exists a powerful nexus between the bureaucracy and the politicians with mafia gangs, smugglers and the Underworld.
Yours etc….
S.K. Rekhi
Gandhi Nagar
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