New Delhi: The CBI and the Centre appeared heading for a confrontation in the coalgate case with the agency on Tuesday asserting in the Supreme Court that no prior sanction is required to prosecute bureaucrats in the scam, a stand contrary to that of Government.
In a six-page affidavit, the CBI contended that no sanction or approval of the government is required in court monitored cases and referred to the apex court`s judgement in 2G scam in which time period for government was stipulated in granting sanction in other cases.
"There is no requirement of sanction for prosecution in cases where court has either directed investigation or is monitoring investigation of the case.
"The consistent pronouncements of this court on Section 6A of the DSPE (Delhi Special Police Establishment) Act and Section 19 of the PC (Prevention of Corruption) Act clearly show that requirement of sanction for prosecution is not mandatory when the same is done pursuant to court direction or where cases are monitored by the Court," the agency said.
The Centre, however, had earlier taken a contrary stand before the apex court by saying that even in a court-monitored probe, prior sanction is required to investigate government officials in a corruption case.
Countering the stand of the Centre, the CBI in its affidavit submitted that making prior sanction mandatory would amount to suspension of court`s power to monitor investigation.
"It is submitted that in case if it is held that even in the investigation which are monitored by court, requirement of sanction under Section 6 A is mandatory, then it would amount to suspension of the power of the court to monitor investigation," the affidavit said.
Buttressing its stand on the issue of sanction, the agency referred to a Constitution bench judgement holding that "Constitutional court are empowered to direct investigation by the CBI and in such cases no sanction is necessary".