Investigation Powers of CBI (Supreme Court Ruling on Section 6A of DSPE Act)
By
V. N. Muralidharan
Introduction
The Hon’ble Supreme Court, in the case of Dr. Subramanian Swamy v. Director, CBI &Anr-W.P. (Civil) No. 38 of 1997- ruled that section 6A of the Delhi Special Police Establishment Act (DSPE Act) 1946 was violative of Article 14 of the Constitution, on the principle of ‘Equality before Law’. The Court struck down this section as unconstitutional and, as a corollary, also struck down, Section 26(c) of the Central Vigilance Commission Act 2003.
Section 6A referred to above, stipulates that CBI shall not conduct any inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act 1988 (PC Act),except with the prior permission of the Central Govt., where such allegation relates to:
the employees of the Central Govt., of the level of Joint Secretary and above, and,
such officers as are appointed by the Central Govt., in Corporations by or under any ....