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february 2005

Supreme Court of India · 2005-02-04

Dr. Subramanian Swamy vs Director, Cbi And Ors.

Citation / case number
2005(1)AWC797(SC)
Court
Supreme Court of India
Petitioner
Dr. Subramanian Swamy
Respondent
Director, Cbi And Ors.
Bench
D.M. Dharmadhikari, Tarun Chatterjee

Judgment text excerpt

The Supreme Court examined the constitutional validity of Section 6-A of the Central Vigilance Commission Ordinance, 1998, which required prior approval from the Central Vigilance Commission for investigating officers of Joint Secretary level and above. The Court held that this provision violated Article 14 of the Constitution, as it undermined independent investigations into bureaucratic corruption and created a risk of political interference. The Court emphasized the need for unhampered investigations to uphold the rule of law, ultimately striking down Section 6-A as arbitrary and unreasonable.

Dr. Subramanian Swamy vs Director, Cbi And Ors. · Niyam