Reply to Swamy plea, SC to Govt

The Supreme Court today asked the Centre to file its response within four weeks to an application filed by Janata Party president Subramaniam Swamy seeking stay of operation of two recent provisions, one in the CVC Act, 2003, and the other in the Delhi Special Police Establishment Act, 1946. The provisions make it mandatory for CBI to obtain prior permission from the Centre for initiating investigation into allegations of corruption against senior bureaucrats above the rank of joint secretaries.

Amicus curiae Anil Divan submitted to a bench comprising Chief Justice of India V.N. Khare, Justice S.B. Sinha and Justice A.R. Lakshmanan that the provision ‘‘single directive’’ that required the CBI to take sanction was quashed by the apex court in the Vineet Narain case in 1997.

When Chief Justice Khare asked Solicitor General N. Kirit Raval his opinion regarding this, the latter replied that the impugned provisions were deleted in the ordinance but had to be incorporated following suggestion by a select committee of Parliament.