The Supreme Court today held that prior sanction is not required to probe senior bureaucrats on corruption charges.The apex court said that there cannot be any discrimination when it comes to prosecuting a criminal act.
Observing that there can be no protection to corrupt public servants, the Supreme Court held Section 6A of the Delhi Special Police Establishment Act providing for prior sanction for the CBI to prosecute senior bureaucrats in corruption cases as invalid and unconstitutional .
The court said the status of bureaucrats is of no relevance to the offence under the provisions of Prevention of Corruption Act. The top court also observed that the protection of prior approval for probing graft charges against officers at level of joint secretary and above has propensity of shielding corrupt.
BJP leader Subramanian Swamy had petitioned the court against section 6A of Delhi Police Act arguing that it discriminates while investigating a senior or junior officer.