NDLI: Manohar Lal Sharma Vs. The Principal Secretary and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Investigation by CBI Monitoring of investigation by Court
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Act(s) Referred	Delhi Special Police Establishment Act, 1946 (25 of 1946)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Writ Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	s. 6-A - Approval of Central Government to conduct inquiry or investigation - Court monitored investigation -- Allocation of coal blocks - Investigation by CBI - Supreme Court monitoring the investigation - Held: Approval of Central Government is not necessary u/s 6A in a matter where inquiry/investigation into the crime under the PC Act is being monitored by Supreme Court - This position holds good in cases which are directed by the Court to be registered and the inquiry/investigation thereon is actually being monitored by it - When Court monitors the investigation, there is already departure inasmuch as the investigating agency informs the Court about the progress of the investigation - Once the constitutional court monitors the inquiry/investigation which is only done in extraordinary circumstances and in exceptional situation having regard to the larger public interest, the inquiry/ investigation into the crime under the PC Act against public servants_ by CBI must be allowed to have its course unhindered and uninfluenced and the procedure contemplated by s.6A cannot be put at the level which impedes exercise of constitutional power by Supreme Court G under Arts. 32, 136 and 142 of the Constitution - Any other view in this regard will be directly inconsistent with the power conferred on the highest constitutional Court - The fact that the investigation is monitored by the constitutional court is itself an assurance that investigation/inquiry by CBI is not actuated with ulterior motive to harass any public servant and the investigating agency performs its duties and discharges its responsibility of fair and impartial investigation uninfluenced by extraneous considerations - Any prohibition or restriction contained in ordinary laws cannot act as a /imitation on the constitutional power of Supreme Court - In the event any senior officer (Joint Secretary or above) or the Central Government in an ongoing inquiry/investigation by CBI being monitored by the Court has reason to believe that such officer may be unnecessarily harassed by CBI, then Central Government or the senior officer can always apply to the: Court which is monitoring the inquiry/investigation for protection of his rights - The interplay between s. 6A of the Act and a constitutional court monitored investigation should be such as to protect senior government officials from frivolous and vexatious complaints and at the same time prevent them from exercising influence or prolonging the grant of previous approval by the Central Government thereby effectively scuttling the investigation - Besides, the Code enables the local police to investigate a senior Government officer without previous approval of Central Government [ss. 156 and 155] - It is, therefore, necessary that s. 6A be so interpreted that the requirement of a previous approval is not necessary when the investigation by CBI is being monitored by a constitutional court - An official act of CBI must also be presumed to have been done in accordance with law - Constitution of India, 1950 - Arts. 32, 136 and 142 - Code of Criminal Procedure, 1973 - ss.155 and 156.
Judge	Honble Mr. Justice R. M. Lodha
Neutral Citation	2013 INSC 839
Petitioner	Manohar Lal Sharma
Respondent	The Principal Secretary And Ors.
SCR	[2013] 17 S.C.R. 1099
Judgement Date	2013-12-17
Case Number	120

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