Case can be filed against Joint Secretary level officers

Now corruption cases can be filed against officers of Joint Secretary and above and proper investigation can be done. There will be no need for permission from higher officials for this. The Supreme Court gave this order on Monday, September 11. According to the court, this order will be valid from September 11, 2003.

The five-judge bench of Justice Sanjay Kishan Kaul gave this decision unanimously. Referring to its 2014 decision, the top court said that then it had repealed the provision of Delhi Special Police Establishment (DSPE) Act 1946. This provision provides immunity from investigation against corruption to some officers. Now the order will be applicable with retrospective effect.

Why is the Supreme Court's 2014 judgment important?
The Supreme Court said that the 2014 judgment will be valid only from September 11, 2003. Section 6(A) was added to the DSPE Act from 11 September 2003. According to this section, any investigation will require the approval of the Central Government.

The Constitution Bench had to decide this
Now the Constitution Bench of the Supreme Court had to decide whether the protection given to a government officer of Joint Secretary level from arrest under any provision of law continues even if after his arrest that law itself is repealed. Has gone.

The court had to decide whether the protection given to a Joint Secretary level officer under Section 6(1) of the Delhi Police Special Establishment Act continues even if his arrest took place before the repeal of this section. The Constitution Bench of the Supreme Court said in its decision that a case can be filed against the officers who were arrested before the repeal of the section.