No probe immunity in old graft cases, says SC

The Supreme Court on Monday said that its 2014 ruling which removed immunity to the central government's top bureaucrats from probes in corruption cases will also apply to public servants booked by the Central Bureau of Investigation (CBI) between September 2003 and May 2014, clarifying that they can be prosecuted without government approval.

- Utkarsh Anand 

"The declaration made by the Constitution bench in the case of Subramanian Swamy (supra) will have retrospective operation. Section 6A of the DSPE is held to be not in force from the date of its insertion i.e.

11.09.2003," held a Constitution bench led by justice Sanjay Kishan Kaul. Clarifying the applicability of the 2014 verdict, the bench, which also comprised justices Sanjiv Khanna, AS Oka, Vikram Nath and JK Maheshwari, noted that Section 6A of the Delhi Special Police Establishment Act, 1946, is to be treated as "void ab initio, stillborn, unenforceable and non est" after it was quashed by another five-judge bench in 2014 on the grounds of discrimination. Section 6A of the DSPE Act mandate government's prior sanction to proceed in corruption cases against officers of the rank of joint secretary and above, and another set of senior officers of the Centre.

The provision was added in September 2003 through Section 26 of the Central Vigilance Commission Act when the first National Democratic Alliance government was in power.