The Supreme Court has called invalid and unconstitutional the law which necessitates the sanction of a competent authority for CBI to probe a corruption case against joint secretary-rank or above. The court has said that it can shield the corrupt. A Constitution Bench delivered the judgment after examining Section 6A of the Delhi Special Police Establishment Act (DSPEA), which protects top officers from corruption probes without prior approval.
It has further ruled that there cannot be any classification of officers for inquiry under the Prevention of Corruption Act. Corrupt public servants are birds of same feather and need to be dealt with equally. According to the order, there cannot be exemption from equal treatment and any official facing a corruption case has to be treated in the same manner.