CBI Vs R.R. Kishore (Supreme Court of India)
A Constitution Bench of the Supreme Court of India is currently grappling with a significant legal question: whether its 2014 declaration that Section 6A of the Delhi Special Police Establishment Act, 1942 (DSPE Act) is unconstitutional, should be applied retrospectively. This inquiry holds considerable implications for various ongoing investigations and trials, particularly those concerning high-ranking government officials.
The case at hand, CBI vs. R.R. Kishore, originates from a 2004 incident. The Central Bureau of Investigation (CBI) registered a First Information Report (FIR) against R.R. Kishore for alleged corruption under the Prevention of Corruption Act, 1988 (PC Act, 1988), stemming from a trap operation. Kishore sought discharge from the case, arguing that the investigation was initiated without the prior approval of the Central Government, as mandated by Section 6A of the DSPE Act.
Judicial Precedents and the Core Dispute
Section 6A(1) of the DSPE Act, introduced in 2003, stipulated that the CBI could not conduct an inquiry or investigation into corruption allegations against Central Government employees of the level of Joint Secretary and above, or similar officers in government-controlled entities, without the Central Government’s prior approval.
The Special Judge, CBI, initially rejected Kishore’s discharge application in 2006. However, the Delhi High Court, in a revision petition, found that the CBI had indeed acted in contravention of Section 6A(1), deeming the investigation illegal. The High Court, while not discharging Kishore, directed a reinvestigation after obtaining the necessary approval from the Central Government.
