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Supreme Court of India

Dr. Subramanian Swamy v. Director, Centeral Bureau of Investigation & Anr.

Neutral citation
Reported as [2014] 6 S.C.R. 873
Bench R.M. Lodha CJI, A.K. Patnaik, Sudhansu Jyoti Mukhopadhaya, Dipak Misra and Fakkir Mohamed Ibrahim Kalifulla JJ.
Decided 6 May 2014

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17 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that Section 6-A(1), which requires approval of the Central Government to conduct any inquiry or investigation into any offence alleged to have been committed under the PC Act, 1988 where such allegation relates to (a) the employees of the Central Government of the level of Joint Secretary and above and (b) DR. SUBRAMANIAN SWAMY v.

Judgment, page 86

From the headnote

DELHI SPECIAL POLICE ESTABLISHMENT ACT, 1946: c s. 6- - Constitutional validity of - Requirement of approval of the Central Government to conduct inquiry or investigation where the allegations of commission of an offence under the PC Act, 1988 relate to the employees of the Central Government of the level of Joint Secretary and above - Held: Classification which is made in s. 6- on the basis of status in the Government service is not permissible under Article 14 as it defeats the purpose of finding prima facie truth into the allegations of graft, which amount to an offence under the PC Act,

Authorities it was built on

Where later benches applied it

Of those, 2 relied on · 2 followed · 12 referred to · 1 not applicable

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