Case Note & Summary
The judgment concerns four writ petitions filed by individuals (Anant Pandurang Kale, Ashwini Kshirsagar, Naveen Kumar Rai and Siraj Razzak Bagwan, Pankaj Pandurang Dhawale, and Atul Gulabrao Bhegde) challenging the investigation conducted by the Central Bureau of Investigation (CBI) into the Bhima Koregaon violence that occurred on 1 January 2018. The petitioners argued that the CBI officers who investigated the case were not public servants within the meaning of Section 197 of the Code of Criminal Procedure, 1973 (CrPC) and that the investigation was invalid for want of prior approval under Section 6A of the Delhi Special Police Establishment Act, 1946 (DSPE Act). The court examined the legal provisions and relevant precedents. It held that CBI officers are public servants under Section 197 CrPC but that sanction under that section is not required for their prosecution because they are removable from office by the Central Government under the DSPE Act, and the requirement of sanction under Section 197 CrPC applies only to judges and magistrates. Regarding the validity of the investigation, the court noted that Section 6A of the DSPE Act, which required prior approval of the Central Government for investigating offences under the Prevention of Corruption Act, 1988, was declared unconstitutional by the Supreme Court in Subramanian Swamy v. CBI, (2014) 8 SCC 682. Therefore, no such approval was necessary for the CBI investigation in this case. The court also observed that the petitioners had not demonstrated any mala fides or abuse of process warranting interference under Article 226 of the Constitution. Consequently, all four writ petitions were dismissed, and the CBI investigation was allowed to continue.
Headnote
A) Criminal Procedure - Sanction for Prosecution - Section 197 CrPC - CBI Officers - Sanction under Section 197 CrPC is not required for prosecution of CBI officers for acts done in discharge of official duty, as they are not removable from office save by or with the sanction of the Central Government under the Delhi Special Police Establishment Act, 1946. (Paras 10-15) B) Criminal Investigation - Validity of CBI Investigation - Delhi Special Police Establishment Act, 1946 - Section 6A - The requirement of prior approval of the Central Government under Section 6A of the DSPE Act for investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988 was struck down by the Supreme Court in Subramanian Swamy v. CBI, (2014) 8 SCC 682, and hence no such approval is required for investigations after 2014. (Paras 16-20) C) Constitutional Law - Writ Jurisdiction - Article 226 - Challenge to Investigation - The High Court declined to interfere with the CBI investigation into the Bhima Koregaon violence, holding that the petitioners failed to make out a case for quashing the investigation. (Paras 21-25)
Issue of Consideration
Whether sanction under Section 197 of the Code of Criminal Procedure, 1973 is required for prosecution of CBI officers who investigated the Bhima Koregaon case, and whether the CBI investigation was validly initiated.
Final Decision
All four writ petitions are dismissed. The CBI investigation into the Bhima Koregaon case is allowed to continue.
Law Points
- Sanction under Section 197 CrPC not required for CBI officers
- CBI investigation valid under DSPE Act
- No prior approval under Section 6A DSPE Act needed for post-2014 investigations
- Writ petitions challenging CBI probe dismissed
