Millennium Post

‘Approval to probe babus creates privileged class’

The Supreme Court was on Wednesday told that the law which makes it mandatory for CBI to take approval of competent authority to probe senior bureaucrats in graft cases creates a ‘privileged class’ of central government employees and violates equality clause of the Constitution.

Further, it was contended before the apex court that section 6A of the Delhi Special Police Establishment Act,1946, which protects senior bureaucrats from being directly probed by the CBI destroy and run counter to the object and reasons of Prevention of Corruption Act, 1988.

A five-judge Constitution Bench headed by Justice R M Lodha, which is examining the validity of section 6A, was told that the CBI stand has also been contradictory in applying the questionable provision in trap cases.

Senior advocate Anil Divan, who is assisting the court as amicus curiae in the matter, said in some cases CBI has been of the view that there was no need of prior approval for investigating and interrogating senior bureaucrats in trap cases while in other instances the agency has been following compliance of section 6A.
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