In a landmark judgment, a five-judge Constitution Bench of the Supreme Court has invalidated Section 6A of the Delhi Special Police Establishment Act (DSPEA), which protects top bureaucrats from being investigated in corruption cases without prior approval. In its bold judgment, the Constitutional Bench has said that the joint secretaries and above can be quizzed by the CBI without the prior sanction of the competent authority if it is felt that such a probing is needed in the course of investigation of a case of corruption. We strongly welcome this decision as it literally translates the principle that everybody is equal before the law. The court has right inferred that the provision of CBI seeking permission of the competent authority is to indirectly shield the indicted officer whatever his rank. Corruption is the biggest enemy of the State and the people and no concession can be given to top bureaucrats on the plea that they are policy planners and therefore should be spared the embarrassment of defamation if probed by the CBI. The question is the higher the rank, the more caution is needed so as to distance from a situation in which blame is likely to come to the officer. This judgment will prove a deterrent to the entire bureaucracy. We know that our bureaucracy is highly patriotic and dedicated to the cause of the nation. They are the finest product of our intellectual segment. The Government provides them powers with responsibilities. Therefore the society would like to give them extra mileage. But when the case of corruption is there, nobody should be spared the rod of the law, whether he is a top bureaucrat or an ordinary office worker. The issue had come up before the Supreme Court seventeen years ago but remained din limbo. Now, the Apex Court has responded to a PIL and the case is finally settled. We hope top bureaucrats will feel relieved of a looming anxiety and the hands that are clean have nothing to hide.
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