Cbi

Previous sanction is required for prosecution, not enquiry.

Dear Sir

Thank you very much for clarification.

The article in the weblink https://thewire.in/79743/centre-approves-changes-in-anti-graft-law-to-protect-public-servants-from-probes/

says that prior approval is needed before initiating investigation against public servants.

Does it mean enquiry or prosecution..?

Originally posted by : anonymouss
	Dear Sir Thank you very much for clarification. The article in the weblink https://thewire.in/79743/centre-approves-changes-in-anti-graft-law-to-protect-public-servants-from-probes/ says that prior approval is needed before initiating investigation against public servants. Does it mean enquiry or prosecution..?

So far as I could locate, The Prevention of Corruption (Amendment) Bill, 2013 (PCA) has not been passed by both Houses yet. Even so, referring to the text of the Bill, I find the news reporting rather weird in the least and downright misleading. Frankly speaking, I can't see where the media johnnies are reading it from or in the alternate, whether they know the difference between operative provisions and side-notes in a legislation. I couldn't locate any provision in the Bill which requires prior approval for inquiry (may refer to the Bill here).

Yes, the Bill makes a reference of Delhi Special Police Establishment Act, 1946 (DSPE). In terms of Section 6A of this DSPE Act, the Delhi Special Police Establishment is required to take prior approval before inquiry BUT (a) That relates to Delhi Police, not CBI (b) That is nothing new; in existence since 1988 (c) All that the Prevention of Corruption Bill seeks to do is extend the requirement of prior sanction for prosecution in favor of retired public servants as well in the similar manner that DSPE does for retired public servant, that's all; the PCA does not import the DSPE provision in totality as is being projected by the news reports (d) If I'm not wrong, even Section 6A of the DSPE Act has been struck down as unconstitutional by the Supreme Court in 2014.

Dear Sir

Thank you for clarification.