AG, CBI disagree on prosecution sanctions

Published: 06th September 2013 09:29 AM  |   Last Updated: 06th September 2013 09:29 AM   |  A+A-

Taking a stand different from the one adopted by Attorney General (AG) G E Vahanvati on the question of sanction for prosecution, the CBI on Thursday told the apex court that no sanction under Section 6(A) of the Delhi Special Police Establishment Act, 1946 was required, when the cases were monitored by a Constitutional Court.

Senior counsel Amarendra Sharan, appearing for the CBI, told a Bench comprising Justice R M Lodha, Justice Madan B Lokur and Justice Kurian Joseph that there was no requirement of sanction for prosecution in cases where the court has either directed an investigation or was monitoring investigation.

Making his submissions after the AG concluded his arguments, Sharan said the consistent pronouncements of the apex court on Section 6 of the DSPE Act and on Section 19 of the Prevention of Corruption Act show that sanction for prosecution was not mandatory when the same was done pursuant to the court’s directions or where cases were monitored by the court.

Earlier, the AG told the Bench that Section 6A of the Delhi Special Police Establishment (DSPE) Act, which deals with the issue of approval for sanction to investigate government officers of the rank of Joint Secretary and above, “has to be complied with until it is struck down by the court.”

Vahanvati said that Section 6A of the Act was meant to protect honest officers from being subjected to harassment.  To this, Justice Lodha said, “Constitutional Courts are guardians of citizens’ rights. Will they not protect an honest officer? The court will be more concerned and more guarded to protect an innocent public servant. Will the courts fail in their duty in protecting the rights of the honest people,” Justice Lodha asked.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on are those of the comment writers alone. They do not represent the views or opinions of or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp