38.6c New Delhi, India, Tuesday, April 16, 2024
Judiciary

Supreme Court's Landmark Ruling: No Prior Sanction Required for Prosecution of High-Ranking Officials Since 2003

By LAWSTREET NEWS NETWORK      11 September, 2023 06:23 PM      0 Comments
Supreme Court's Landmark Ruling: No Prior Sanction Required for Prosecution of High-Ranking Officials Since 2003

NEW DELHI: The Supreme Court on Monday ruled that the CBI is not required to take prior sanction for prosecution of joint secretary and above rank officers in all cases registered against such public servants under the Prevention of Corruption Act since 2003. 

A five-judge Constitution bench led by Justice Sanjay Kishan Kaul said its 2014 judgement in the case of Subramanian Swamy would be applicable from the date of September 11, 2003 when the provision was originally inserted.

The top court had in 2014 quashed the validity of Section 6 A of the Delhi Special Police Establishment Act

The bench, also comprising Justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, also declared that Article 20(1) of the Constitution would have no applicability on validity of Section 6 A of the Delhi Special Police Establishment Act.

Justice Nath pronounced the unanimous verdict in the matter in which the judgement was reserved in November, 2022.

The issue before the court was if 2014 judgement in Subramanian Swamy can be applied retrospectively in pending cases.

Article 20(1) of the Constitution states no person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

According to Section 6A of the DSPE Act, the approval of central government is mandatory to conduct inquiry or investigation for offences under the Prevention of Corruption Act, 1988 where such allegation relates to the employees of the central government of the level of Joint Secretary and above.

After the Constitution bench decision, the 2014 judgement would apply in all pending cases and no prosecution would be held as vitiated in absence of prior sanction.



Share this article:

About:

Explore Comprehensive Legal Reporting with LawStreet Journal: Your Go-To Source for Supreme Court an...Read more

Follow:
TwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

Does the Waqf board hold any relevance in the secular India of today? Does the Waqf board hold any relevance in the secular India of today?

Towards the end of the clip, Advocate Jain can be seen questioning the leaders of our land, the Central Government, and the parliament to look into the above and review such biased provisions for the greater good of all.  In the end, we are made to question if India is a secular country in the true sense of the term, after all! Wakf board land scam, Central Waqf Board, secular India article

TRENDING NEWS

need-to-safeguard-judiciary-from-unwarranted-pressures-21-ex-judges-write-letter-to-cji
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
call-for-chapters-gender-based-violence-and-religion
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM

TOP STORIES

misleading-advts-case-baba-ramdev-balkrishna-tender-apology
Trending Business
Misleading advts case: Baba Ramdev, Balkrishna tender apology

Baba Ramdev, Balkrishna apologize for misleading ads. SC contempt plea hearing set for April 10. Patanjali assures compliance with court orders.

10 April, 2024 10:44 AM
sc-allows-gangster-turned-politicians-son-to-attend-fatiha
Trending Judiciary
SC allows gangster-turned-politician's son to attend 'Fatiha'

Supreme Court allows jailed MLA Abbas Ansari to attend his father's funeral prayers, granting temporary release under police custody.

10 April, 2024 11:11 AM
each-moveable-property-not-required-to-be-disclosed-by-candidates-in-election-sc
Trending Judiciary
Each moveable property not required to be disclosed by candidates in election: SC [Read Judgment]

SC rules not every movable asset needs disclosure in elections. Privacy rights preserved. Details vary per case. High value assets matter.

10 April, 2024 12:02 PM
delhi-cm-arvind-kejriwal-moves-supreme-court
Trending Judiciary
Delhi CM Arvind Kejriwal moves Supreme Court

Delhi CM Arvind Kejriwal moves Supreme Court against dismissal of plea in liquor policy scam case. Lawyers seek early hearing from CJI-led bench.

10 April, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email