MANOHAR LAL SHARMA versus THE PRINCIPAL SECRETARY AND ORS.

MANOHAR LAL SHARMA versus THE PRINCIPAL SECRETARY AND ORS.

Approval of the Central Government under Section 6A of the DSPE Act is not necessary for CBI inquiry/investigation into crimes under the Prevention of Corruption Act when such inquiry/investigation is being monitored by the Supreme Court; statutory restrictions like s.6A cannot fetter constitutional powers under Arts. 32, 136, or 142.

Parties
Petitioner: Manohar Lal Sharma; Respondents: The Principal Secretary and Ors.
Jurisdiction
India
Judgment Date
17 December 2013
Procedural Posture
Writ Petition (criminal) / Original Jurisdiction, Decision on Legal Question
Outcome
Legal question answered; approval of Central Government not required for CBI investigation monitored by Supreme Court.
Legal Topics
Court Monitored Investigation, Delhi Special Police Establishment Act S.6 a, Prevention of Corruption Act, CBI Autonomy, Judicial Review, Continuing Mandamus
Criminal Law Constitutional Law Administrative Law Court Monitored Investigation Delhi Special Police Establishment Act S.6 a Prevention of Corruption Act CBI Autonomy Judicial Review +1 more

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Parties

Manohar Lal Sharma

Petitioner

The Principal Secretary and Ors.

Respondents

Procedural Posture

Writ Petition (criminal) / Original Jurisdiction, Decision on Legal Question

Legal Issues

  1. 1 Whether approval of Central Government under Section 6A of DSPE Act is necessary for inquiry/investigation by CBI under the PC Act when monitored by Supreme Court

Ratio Decidendi

Approval of the Central Government under Section 6A of the DSPE Act is not necessary for CBI inquiry/investigation into crimes under the Prevention of Corruption Act when such inquiry/investigation is being monitored by the Supreme Court; statutory restrictions like s.6A cannot fetter constitutional powers under Arts. 32, 136, or 142.

Court Disposition

Legal question answered; approval of Central Government not required for CBI investigation monitored by Supreme Court.

Orders

  • CBI may conduct inquiry/investigation into the allocation of coal blocks and offences under the Prevention of Corruption Act without seeking previous approval from the Central Government pursuant to Section 6A, as long as such inquiry/investigation is monitored by Supreme Court.