No government permission to probe officers above Joint Secretary: Supreme Court

NEW DELHI: The Supreme Court on Tuesday struck down section 6A of the Delhi police special establishment act, which mandated the CBI to seek prior sanction from the government to probe and prosecute any officer above the joint secretary level.

The section was challenged by Dr Subramanium Swamy and NGO Cpil as violative of Article 14 of the constitution. A five-judge bench of the top court led by CJI R M Lodha on Tuesday struck it down as against the constitution.

The court has earlier clarified that the section was unnecessary in court monitored cases.

Dr Swamy and Cpil through lawyer Prashant Bhushan claimed that the provision stood in the way of prosecution of corrupt officials in other instances.

But the government had defended it as necessary to protect officers who take bonafide decisions in public interest from harassment.