CBI clarifies on government nod preceding graft probes
New Delhi: The CBI Tuesday told the Supreme Court that it should hold that no prior sanction of the government was required to proceed against public servants in corruption cases investigated and monitored on the directions of the apex court.
The Central Bureau of Investigation (CBI) said under section 6A of Delhi Special Police Establishment Act - a law under which the probe agency was created - the government "is not necessary in the cases where the investigation is monitored by a constitutional court".
In a submission filed by the CBI in the apex court registry Tuesday, the CBI said: If it is held that even in the investigations which are monitored by a constitutional court, the government sanction was required then it "would amount to suspension of the power of the court".
The CBI said that "any other interpretation of the section would render it ultra vires".
The investigating agency said this in a matter wherein court is hearing two petitions by NGO Common Cause and advocate petitioner ML Sharma seeking cancellation of coal blocks allegedly allocated in an irregular manner.
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