CBI Current Affairs - 2020

Supreme Court: No sanction required for prosecution in court-monitored cases

The Supreme Court held that no approval from the Central Government is required by the Central Bureau of Investigation (CBI) to prosecute senior bureaucrats in court-monitored corruption cases. The court cleared that the sanction is not necessary under section 6A of the Delhi Special Police Establishment (DSPE) Act when the case under the Prevention of Corruption Act is monitored by court.

The court gave this ruling over the petition filed in coal blocks allocation scam to seek its direction to do away with the provisions of prior sanction of the Centre in cases monitored by court.

What is Coal allocation scam?

Coal allocation scam or Coalgate is a political scandal concerning the Indian Government’s allocation of the nation’s coal deposits to Public Sector Entities (PSEs) and private companies by Prime Minister Manmohan Singh. As  per  the  audit  report  of the Comptroller and Auditor General  (CAG)  of India, allocation  of  coal  blocks  without  bidding  has  caused  a  huge loss of 1.86 lakh crore to the India’s exchequer. 

What is the Delhi Special Police Establishment (DSPE) Act?

DSPE Act, 1946 is a legislation which provides for the constitution of a special police force in Delhi for the investigation of certain offences in the Union territories, for the superintendence and administration of the said force and for the extension to other areas of the power and jurisdiction of the members of the said force in regards to the investigation of specific offences as mentioned in this law.

CBI will get functional autonomy but is under norms of executive: Fin Min

As per Finance Minister P Chidambaram, who chaired the Group of Ministers on the issue of imparting autonomy to CBI, government will give functional autonomy to it but the agency would be governed by the general rules of the executive government. He reminded that CBI is part of executive government and that it is bound by the general principles which apply to all domains of executive government. He avoided to make any remarks on the proposed abolition of section 13(1)(d) of the Prevention of Corruption Act which deals with pecuniary advantages taken by a government.

What does Section 13(1)(d) of the Prevention of Corruption Act say?

The Prevention of Corruption Act, 1988 is a federal law enacted by the Parliament of India to combat corruption in government agencies and public sector businesses in India.

Section 13(1)(d) in The Prevention Of Corruption Act, 1988, a public servant is said to commit the offence of criminal misconduct, if he

(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public, interest.