Answering in negative on whether the Centre’s prior sanction under section 6A of the Delhi Special Police Establishment Act was necessary before a public servant could be proceeded against, the Apex Court bench of Justice RM Lodha and Justice Kurian Joseph said that no such government nod was necessary.

In a concurring order but with different reasoning, Justice Madan B Lokur too held that no prior government sanction was required to inquire into or investigate a public servant.

The Apex Court order came on the plea by the Central Bureau of Investigation (CBI) contending that there was no need for prior government sanction to inquire a public servant in court-monitored cases.

The question arose in the course of the ongoing hearing by the court in the coal scam.


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