Centre For Public Interest Litigation vs Union Of India

The Supreme Court examined the constitutional validity of Section 17A, introduced in the Delhi Special Police Establishment Act, 2003, which governs the approval process for investigation and prosecution of public servants. The Court analyzed the legislative intent, the recommendations of the Law Commission and Rajya Sabha Select Committee, and the spirit of the Vineet Narain judgment emphasizing independent and fearless investigation. It held that Section 17A, while introducing a procedural safeguard, must not impede honest and fearless advice by public servants or the autonomy of investigative agencies. The Court upheld the constitutional validity of Section 17A subject to interpretation that preserves the balance between governmental oversight and investigatory independence.