New Delhi, May 6 (PTI): The Supreme Court today held as invalid and unconstitutional the legal provision which makes sanction of competent authority mandatory for CBI to probe corruption cases against an officer of joint secretary-rank or above, saying it has the propensity of shielding the corrupt.
“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 said.
It said there cannot be any classification of officers for the purpose of inquiry of offence under the PCA. “The corrupt public servants, higher or lower in rank, are the birds of same feather and have to be dealt with equally,” the court observed. The bench said that it is difficult to make classification of officers in graft cases as it is against the mandate of PCA.
It said that the prior approval under Section 6A would result, indirectly, in halting the investigation and if the CBI is not allowed to carry on the preliminary inquiry how the investigation can proceed. “We are of the view that there can be no distinction between certain class of officials for inquiry of the offences under the PCA. How can the status of officials be of any relevance in the offence under PCA and any distinction by way of Section 6A of the DSPEA makes it violative of Article 14,” the bench said. The court vouched for equal treatment and that any official facing corruption allegations has to be treated with the same process of inquiry.
