The Supreme Court said Tuesday that the government’s sanction should not be necessary before a probe can be initiated against its officers, particularly when the probe is being monitored by a court.
“Where is the requirement for sanction to proceed with the inquiry in a court-monitored investigation? The investigation can be frustrated if the government is asked whether a particular person is to be investigated or not... Why should the government be allowed to be involved when there is a questionmark on the government itself?” asked a bench headed by Justice R.M. Lodha.
The Centre, however, disagreed with this viewpoint and contended there was a need for sanction under Section 6A of the Delhi Special Police Establish-ment Act to investigate the role of high-ranking officials. Attorney-general Goolam E. Vahanvati submitted the CBI should make an application to the court seeking the government’s response, as ignoring Section 6A would deprive the concerned person of the right to be heard. The bench, however, asked: “Why do you insist that there should be sanction as required under Section 6A?”
The Supreme Court, that is monitoring the probe into alleged irregularities in coal block allocations, directed the CBI to furnish a fresh status report by August 29.