Emboldened by the recent Supreme Court ruling, the CBI is now contemplating registering fresh cases against certain senior officials of the state governments and Central ministries as a part of its probe into the Coalgate scam.
The apex court during a hearing on the coal scam case on July 17 ruled that the CBI does not need the permission of the government to question senior officials in the Coalgate scam. The top court also questioned the government for bringing into operation Section 6A of the Delhi Special Police Establishment Act which requires such approval of government to proceed against senior bureaucrats.
“Prosecution sanction against certain officials (both of state governments and Central ministries) are pending with the respective authorities for quite some time. Now the agency is preparing to register cases against them following the recent ruling of the SC,” sources said. The top court asked the CBI not to take shelter under Section 6A making it clear that ‘if there is any obstruction or impediment in thorough investigation you (CBI) can come to the court’.
A bench headed by Justice R.M. Lodha said: “On principle of law, when there is a court directed and monitored investigation, as in this case, can at all Section 6A be allowed to operate. Section 6A operates in ordinary course of investigation when the CBI has to seek government approval. But in sub-judice matter, the court is looking into the aspect of probe. Ordinary in such matters which are looked by the court, the permission must and should (to interrogate) follow as a natural course”.