Notice issued on GO linked to officials in bribe cases

The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice MM Sundresh, while rejecting the plea for stay, ordered notice returnable in four weeks and posted the case for further hearing to June 13. 

Advocate Radhakrishnan appearing on behalf of the petitioner contended that contrary to directions of the Madras High Court to evolve a non-discriminatory policy in the investigation procedures of complaints on corruption cases, the State had come up with a strange GO whereby government officials can no longer be investigated for corruption in Tamil Nadu without the state government’s approval. 

He submitted that the purpose of law is meant to either eliminate public mischief or the achievement of some positive public good. But the classification made in Section 6-A overlooking these aspects protects the crime-doer. The provision thwarts an independent investigation to track down corrupt public servants. 

He said, earlier, only top bureaucrats from the level of Joint Secretary had immunity from immediate investigation in the sense that corruption charges against them could be probed only after the state government’s approval. But now, the new order is applicable to all government employees, which meant that not even a preliminary probe can transpire without the prior permission from the government. 

Radhakrishnan had also contended that the GO was in total violation of the Supreme Court order, which struck down a section in the Delhi Special Police Establishment Act, which mandated prior approval of the central government to inquire or investigate any corruption complaints against officers of joint secretary and above ranks serving in the union government.