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.
Continuing his arguments along with advocate Ranvir Singh, Divan said, "The impugned provisions confer on the Central government unguided, unbridled and unfettered power and violate Article 14 - the equality clause."
"The unfettered, unguided power conferred by the impugned provisions, thwart and throttle criminal investigation and are manifestly arbitrary, entirely perverse and patently unreasonable," he submitted before a bench, also comprising justices A K Patnaik, S J Mukhopadhaya, Dipak Misra and F M I Kalifulla.
"Thus, before cognisance can be taken of offences under the PC Act or the IPC sanction of the Central government or the state government or the competent authority is a prerequisite. This protection for all officials is available," he said.
"Further a privileged class of central employees is created," Divan said and added that it must be noted that the protection offered by way of previous approval does not extend to official employees who are not employees of the Central government.