MANOHAR LAL SHARMA Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The question for the purposes of this order really resolves itself into this: whether the approval of the Central Government is necessary under Section 6A of the Delhi Special Police Establishment Act, 1946 ("DSPE Act" for short) in a matter where the inquiry/investigation into the crime under the Prevention of Corruption Act, 1988 ("PC Act" for short) is being monitored by the Court. It is not necessary to set out the facts in detail, suffice, however, to say that the Central Bureau of Investigation (CBI) has registered preliminary enquiries (PEs) against unknown public servants, inter alia, of the offences under the PC Act relating to allocation of coal blocks for the period from 1993 to 2005 and 2006 to 2009. Few regular cases have also been registered. In pursuance of the orders passed by this Court, the inquiries and investigations into the allocation of coal blocks are being monitored by this Court and the CBI has been submitting reports about the status of the progress made in that regard.

(2.) On 08.05.2013, the Court noted that in the matter of investigation, CBI needed insulation from extraneous influences of the controlling executive. On that day, the Court wanted to know from the learned Attorney General, whether the Central Government was intending to put in place the appropriate law for the independence of the CBI and its functional autonomy and insulate it from extraneous influences so that CBI is viewed as a non-partisan investigating agency. The learned Attorney General sought time to seek instructions and report to the Court by way of an affidavit on behalf of the Central Government. The matter was, accordingly, fixed for July 10, 2013.

(3.) In pursuance of the order dated 08.05.2013, an affidavit was filed by the Central Government. In that affidavit various actions which were taken in compliance of the directions of this Court in Vineet Narain1 were indicated. In the affidavit, it was also stated that a Group of Ministers (GoM) has been constituted to consider the aspects noted in the order of 08.05.2013. The GoM had proposed certain amendments in the law; the proposals of GOM have also been approved by the Cabinet.