The Supreme Court held that state police may investigate and prosecute Central government employees for bribery and corruption under the Prevention of Corruption Act. It clarified that no prior approval from the CBI is required to register cases nationwide.
NEW DELHI: The Supreme Court has determined that state police authorities are permitted to investigate and file charges against central government employees for offenses related to bribery and corruption under the Prevention of Corruption Act.
The court clarified that no prior approval from the CBI is necessary before the state police can register a case against a central government employee.
A bench consisting of Justices J.B. Pardiwala and Satish Chandra Sharma stated on Monday that offenses under the PC Act can be investigated by either state or central agencies, as outlined in Section 17 of the Act, with the stipulation that the police officer must hold a specific rank.
Section 17 of the Prevention of Corruption Act provides that investigations into offences under the Act cannot be conducted by police officers below prescribed ranks unless prior authorization is obtained. The provision aims to prevent vexatious or mala fide inquiries against public servants while maintaining investigative accountability.
Under the Act, investigations may be undertaken without special permission only by an Inspector or above in the Delhi Special Police Establishment (CBI), an Assistant Commissioner of Police or above in metropolitan areas, and a Deputy Superintendent of Police or above elsewhere.
However, officers of a lower rank may proceed with an investigation if they are empowered by a First Class Magistrate or expressly authorized by the State Government.
The bench noted,
“Section 17 does not exclude or prevent the state police or a special agency of the state from registering a crime or investigating cases relating to bribery, corruption and misconduct against central government employees,”
The bench also explained that the Central Bureau of Investigation, as a specialized agency under the Special Police Establishment, is tasked to handle investigations of corruption and bribery involving central government employees, while the Anti-Corruption Bureau serves the same function for state government employees.
It further elaborated that since offenses under the PC Act are cognizable, they can indeed be investigated by the state police.
This ruling by the apex court came while affirming a decision from the Rajasthan High Court, which had refused to dismiss a corruption case against a central government employee. The high court had found that the Rajasthan ACB held the jurisdiction to register the criminal case under the provisions of the PC Act, even though the accused was a central government employee.
The Supreme Court said,
“The high court has taken the correct view while saying that it is incorrect to say that it is only the CBI who could have instituted the prosecution,”
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
