DC | 2 hours 45 min ago
New Delhi: The CBI, appearing to head for a direct confrontation with the Centre, contended before the Supreme Court on Tuesday that no prior government sanction was needed to prosecute bureaucrats in the coal block allocation scam, despite the government’s stand that its sanction is essential.
In a six-page affidavit filed before the Supreme Court, the CBI contended no government sanction or approval was required in court-monitored cases.
“There is no requirement of sanction for prosecution in cases where the court has either directed investigations or is monitoring it. The consistent pronouncements of this court on Section 6A of the Delhi Special Police Establishment Act (that governs the CBI) and Section 19 of the Prevention of Corruption Act clearly show that requirement of sanction for prosecution is not mandatory when the same is done pursuant to court directions or where cases are monitored by the court,” it said.
The CBI also referred to the court's ruling in the 2G scam, where a time limit was stipulated for the government in giving sanction in other cases.
The Centre had, however, earlier taken a contrary line in the Supreme Court, saying even in a court-monitored probe, prior sanction was needed to investigate officials in a graft case.
Meanwhile, the Centre on Tuesday filed an affidavit before the Supreme Court saying that 189 out of 236 documents sought by the CBI are “not-available”.
The coal ministry submitted that an inter ministerial committee has been constituted to “examine and review non-availability of any file or document” and to suggest appropriate action for locating them within a month.
Giving details of the missing documents, the ministry said that 7 files, 173 applications of coal block allocatees/ applicants and nine other documents are being searched by it. The affidavit said that so far 769 files/documents or other papers in original have been handed over to the CBI for probe.
New Delhi: The CBI, appearing to head for a direct confrontation with the Centre, contended before the Supreme Court on Tuesday that no prior government sanction was needed to prosecute bureaucrats in the coal block allocation scam, despite the government’s stand that its sanction is essential.
In a six-page affidavit filed before the Supreme Court, the CBI contended no government sanction or approval was required in court-monitored cases.
“There is no requirement of sanction for prosecution in cases where the court has either directed investigations or is monitoring it. The consistent pronouncements of this court on Section 6A of the Delhi Special Police Establishment Act (that governs the CBI) and Section 19 of the Prevention of Corruption Act clearly show that requirement of sanction for prosecution is not mandatory when the same is done pursuant to court directions or where cases are monitored by the court,” it said.
The CBI also referred to the court's ruling in the 2G scam, where a time limit was stipulated for the government in giving sanction in other cases.
The Centre had, however, earlier taken a contrary line in the Supreme Court, saying even in a court-monitored probe, prior sanction was needed to investigate officials in a graft case.
Meanwhile, the Centre on Tuesday filed an affidavit before the Supreme Court saying that 189 out of 236 documents sought by the CBI are “not-available”.
The coal ministry submitted that an inter ministerial committee has been constituted to “examine and review non-availability of any file or document” and to suggest appropriate action for locating them within a month.
Giving details of the missing documents, the ministry said that 7 files, 173 applications of coal block allocatees/ applicants and nine other documents are being searched by it. The affidavit said that so far 769 files/documents or other papers in original have been handed over to the CBI for probe.
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