Tuesday, May 6, 2014

Loksatta welcomes SC verdict unshackling CBI

The Loksatta Party today welcomed the the Supreme Court judgment quashing Section 6A of the Delhi Special Police Establishment Act that mandates the Central Bureau of Investigation (CBI) to take prior sanction of the Government before investigating an officer of the rank of joint secretary and above in corruption cases.

In a media statement, Loksatta Party national President Dr. Jayaprakash Narayan recalled that the Loksatta for long has been demanding the repeal of the patently unconstitutional section. In a presentation to a Parliamentary Committee on amendments to the Prevention of Corruption Act recently, the party reiterated its demand.

Dr. JP pointed out that when the courts held what was earlier known as the single directive unconstitutional, the Government of India incorporated Section 6 A in the DPE Act and grabbed the power to interfere in crime investigation.

Now that the section has been quashed, Dr. JP said, the CBI is free to investigate cases of corruption against any functionary without prior Government consent.

“This blow in favor of rule of law will ensure that all public servants are treated alike.”

Dr. JP said that Section 19 of the Prevention of Corruption Act and Section 197 of the Criminal Procedure Code which mandate prior Government sanction for proceeding against corrupt Government officials should also be amended.

These sections, Dr. JP said, have been routinely abused by successive Governments to shield corrupt officials. Such a power, if needed, should be transferred to the Lokpal/Central Vigilance Commission at the national level and the Lokayukta at the State level, Dr. JP suggested.

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