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What is ‘Prior Approval’ Requirement?
- 2003 Amendment: The Delhi Special Police Establishment Act, 1946, was amended to include Section 6A, requiring agencies like the CBI to obtain central government approval before investigating offenses under the PCA (Prevention of Corruption Act) if the accused held a rank higher than joint secretary.
- 2014 Supreme Court Judgment: This requirement was nullified by the Supreme Court, which deemed it unconstitutional.
- 2018 PCA Amendment: The PCA was amended to include a similar provision as Section 17A, mandating government approval for initiating inquiries or investigations into public servants’ alleged offenses committed during official duties.
Relevant Supreme Court Verdict: CBI v R R Kishore: A Constitution Bench ruled that officials cannot claim immunity under Section 6A for offenses committed before the annulment of this provision. |
Supreme Court on Recent Case Involving Chandrababu Naidu:
Background:
- The Supreme Court of India delivered a split decision on a plea by former Andhra Pradesh Chief Minister Chandrababu Naidu.
- The plea sought the dismissal of an FIR in an alleged skill development scam.
Supreme Court’s Divided Ruling:
- Justice Bose emphasized the necessity of prior approval before initiating an inquiry against Naidu. He noted that the Criminal Investigation Department (CID) lacked this approval when it began its investigation.
- Contrarily, Justice Trivedi opined that the requirement for prior approval under Section 17A of the Prevention of Corruption Act (PCA) is applicable only for offenses committed after 2018, the year this provision was introduced.
Implications of the Split Verdict:
- The divided verdict in Chandrababu Naidu’s case highlights the complexities involved in interpreting legal provisions related to corruption charges against high-ranking officials.
- The referral to a larger bench underscores the need for a clear and decisive ruling to ensure consistency in the application of the law.
Why in News:
- The Supreme Court has now referred the case of the former Andhra Pradesh Chief Minister in alleged skill development scam to a larger bench.
