New Delhi, May 6
The Supreme Court today empowered the CBI to interrogate top Central government officials facing corruption charges without taking appointing authority’s permission, a pre-requisite since 2003. A five-judge Constitution Bench said this was necessary to effectively deal with corruption at high places.

The Bench headed by Chief Justice RM Lodha struck down the legal provision (6A of the Delhi Special Police Establishment Act 1946 under which the CBI functions) enacted in 2003 to protect officials of the rank of joint secretary and above from frivolous litigation and unnecessary harassment to enable them to take quick decisions without any undue fear.

But this protection “cannot become a shield to protect corrupt officials,” the Bench said, pointing out that 126 corruption cases were awaiting sanction from the Central government for periods ranging from one year to a few months.

Further, permission was being denied in more than one-third of the cases against public servants which ran counter to the objectives of the Prevention of Corruption Act 1988, the Bench explained in the 71-page verdict on two PILs pleading for striking down the legal protection. The other judges on the Bench were Justices AK Patnaik, SJ Mukhopadhaya, Dipak Misra and FMI Kalifulla.