Answering in negative on whether central government’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 R.M. Lodha and Justice Kurian Joseph, by its majority verdict, 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 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.