Centre, CBI at loggerhead in SC over sanction to try officers

NEW DELHI: CBI and the Centre were at loggerheads in the Supreme Court in the Coalgate case with the agency asserting no prior sanction is required to prosecute bureaucrats in the scam and government vehemently opposing it.

Senior advocate Amrendra Sharan, appearing for the agency, reiterated the stand that there is no requirement of sanction for prosecution in cases where the court has either directed or is monitoring the investigation of the case.

The Centre, however, asserted the issue needs to be heard at length as sanction is required and the court cannot pass any order without hearing the stands of state governments.

"There is no open-and-shut case on the issue. How can a court pass the order without any such application being made by CBI," Attorney General G E Vahanvati said while pleading that the issue needs to be heard at length before any order is passed.

The court then said the issue would be heard on September 5 when it will pass certain directions.

Earlier in an affidavit, CBI had contended no sanction or approval of the government is required in court-monitored cases and referred to the apex court's judgement in 2G scam case in which time period for government was stipulated in granting sanction in other cases.

"The consistent pronouncements of this court on Section 6A of the DSPE (Delhi Special Police Establishment) Act and Section 19 of the PC (Prevention of Corruption) Act clearly show that requirement of sanction for prosecution is not mandatory when the same is done pursuant to court direction or where cases are monitored by the court," the agency had said.

The Centre had, however, earlier taken the stand before the apex court by saying that even in a court-monitored probe, prior sanction is required to investigate government officials in a corruption case.