Few days ago, The Supreme Court asked the Centre to apprise of governance benefits from shielding the top bureaucrats. The constitution bench of Justices R M Lodha, A K Patnaik, S J Mukhopadhaya, Dipak Misra and F M I Kalifulla expressed their desire to know whether the protection had improved policy making and governance or not.

17 years ago, the court had in Vineet Narain judgment turned down the Centre Government request to protect the top government officials such as joint secretary and above rank officials from the charges against corruption as it hamper the smooth functioning of the government.

The apex court termed it as illegal, a roadblock in eradicating the corruption, how can government barred the CBI from investigating the matters? And it awe considering that CBI cannot even start an inquiry without the consent of the Centre.

Apex court also condemns the September 11, 2003 decision of the NDA government, which took the legislative route to add Section 6A in Delhi Special Police Establishment (DSPE) Act to give similar protection.

The bench of five judges imparted that this kind of safeguard can further encourage the corruption. They said, “Do you want governance where everyone is free to take money? How can protection be given to those who have disproportionate assets? How can you establish a link between disproportionate assets and bold policy making?”

“All bureaucrats and government servants have a protection under the PC Act, which requires a probe agency to seek sanction from concerned authority prior to prosecution. Why this special protection for a small band?” a five-judge Constitution Bench headed by Justice R M Lodha said.

Mr. Kislay Pandey, the eminent advocate of the Supreme Court of India, expressed his opinion very clearly, “India is a democratic country and everyone is equal before the law, Rule of Law is an indispensable element of our constitution. Such types of provisions violate the equality and demarcate between the privileged and underprivileged. I appreciate that Supreme Court expressed stiff concern over it and no one can tolerate the violation of Anticorruption Law.”  

 

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