The Supreme Court today expressed its reservation over Centre's stand on mandatory sanction to investigate senior bureaucrats in all corruption cases, saying such statutory provision would hamper judicial power in court-monitored probe like the Coalgate.
The apex court brushed aside the contention of the Centre that the approval of competent authority for holding inquiry or investigation against officers from the rank of joint secretary level under section 6A of the Delhi Special Police Establishment (DSPE) Act was neccessary as it acts as a "filter" to shield honest officers from harassment.
However, a bench headed by Justice R M Lodha, which reserved its order on the issue, said, "There is no justification in following the route of section 6A when it comes in the way of court-monitored probe".
"If the court-monitored probe is hampered by the statutory provision than the judicial power is also hampered," the bench, also comprising justices Madan B Lokur and Kurian Joseph said while making it clear that the court takes the task of monitoring the investigation "when there is always a lurking doubt that the executive will abuse power".
The bench said the monitoring into the investigation of the coal block allocation scam was undertaken to "restore the larger public interest and confidence of the people into the case of this magnitude".
"Is it not in the interest of the Central Government that as a matter of fact and in the interest of public that high public confidence is maintained in the high profile case like this in which the mandatory requirement of section 6A is dispensed with," the bench told to Attorney General G E Vahanvati.
The AG contended that there should not be any reluctance in hearing the government's view before subjecting a senior bureaucrat to investigation.
The bench said the necessity of monitoring the probe arises when the court feels that investigation will not remain uninfluenced by the executive.
