Now here is a report about another court decision....
Govt nod NOT a must to prosecute top babus: HC
(Ray of a sun shine in India)
A Subramani TNN
Chennai:Nearly 300 senior all India service officers,who are of joint secretary or above cadre in IAS,IPS and other departments and facing corruption cases,have reasons to be worried about last weeks judgment by the Madras high court.
As per Section 6A of the Delhi Special Police Establishment (DSPE) Act,corruption cases against joint secretarylevel officers and above cannot be commenced or continued without prior permission from the union home ministry.At present nearly 300 requests from investigating agencies in most cases it is the CBI are pending with the ministry and prosecution against them is stuck,as the ministry is yet to pass orders on the matter.
Now a division bench of the Madras high court has held that investigating need not await prior permission from the Centre as required under Section 6A,because the provision is only directory,not mandatory,in nature.The bench of Justice R Banumathi and Justice K Ravichandrabaabu said: An overall reading of entire Section 6A would only show the legislative intent that the approval contemplated therein can,at best,be only directory and not mandatory.
Going a step further,the bench said all India service officers too are state government employees while in state service,and hence they cannot expect help from Section 6A meant for central officers of joint secretary cadre and above.
While this is the first time a high court has passed such a conclusive verdict on the issue,Janata Party president Subramanian Swamy has already taken the matter to the knowledge of the Supreme Court.The matter,referred to a larger bench,is still pending.
The present order,virtually ruling that the insulation available to senior bureaucrats facing corruption charges need not stall their prosecution,was passed on a writ appeal filed by a suspended inspector-general of police,Pramod Kumar,who is facing CBI probe in the Paazee forex fraud case.The officer wanted the case to be quashed on the ground that the central agency had failed to obtain prior permission from the union home ministry.
Govt nod NOT a must to prosecute top babus: HC
(Ray of a sun shine in India)
A Subramani TNN
Chennai:Nearly 300 senior all India service officers,who are of joint secretary or above cadre in IAS,IPS and other departments and facing corruption cases,have reasons to be worried about last weeks judgment by the Madras high court.
As per Section 6A of the Delhi Special Police Establishment (DSPE) Act,corruption cases against joint secretarylevel officers and above cannot be commenced or continued without prior permission from the union home ministry.At present nearly 300 requests from investigating agencies in most cases it is the CBI are pending with the ministry and prosecution against them is stuck,as the ministry is yet to pass orders on the matter.
Now a division bench of the Madras high court has held that investigating need not await prior permission from the Centre as required under Section 6A,because the provision is only directory,not mandatory,in nature.The bench of Justice R Banumathi and Justice K Ravichandrabaabu said: An overall reading of entire Section 6A would only show the legislative intent that the approval contemplated therein can,at best,be only directory and not mandatory.
Going a step further,the bench said all India service officers too are state government employees while in state service,and hence they cannot expect help from Section 6A meant for central officers of joint secretary cadre and above.
While this is the first time a high court has passed such a conclusive verdict on the issue,Janata Party president Subramanian Swamy has already taken the matter to the knowledge of the Supreme Court.The matter,referred to a larger bench,is still pending.
The present order,virtually ruling that the insulation available to senior bureaucrats facing corruption charges need not stall their prosecution,was passed on a writ appeal filed by a suspended inspector-general of police,Pramod Kumar,who is facing CBI probe in the Paazee forex fraud case.The officer wanted the case to be quashed on the ground that the central agency had failed to obtain prior permission from the union home ministry.
On Thu, May 30, 2013 at 11:32 AM, Jagjit Ahuja <jagjit.ahuja@gmail.com> wrote:
There is no transparency in our total governing system . They have all the powers but no responsibility and accountability.Every one in the rung particularly the politicians , bureaucracy and judiciary have been taking the maximum advantage.They ensured safeguards at every step so as no to be punished for their misdeeds.
Recently one IAS officer of Karnataka was tried and punished by Lokpal Court for wrongfully distribution of land to his favorites . When he appealed against the punishment , the Karnataka High Court dismissed the case saying that Government permission was not taken before trying this IAS officer.This is how they find the loopholes in the laws but never go into the gravity of the crime.
How long this will continue? Thus the first step needed is to rejuvenate the judiciary .
brig J S Ahuja
On Thursday, May 30, 2013, Mr. Hemant Kshirsagar <hemantkshirsagar01@gmail.com> wrote:
> Revert the same to Appellate of that organization with copy of refused "postal letter", with letter for such incident. If no response forward the same to CIC, with all copies of communications.
>
> Regards,
> Hemant K
>
> On Wed, May 29, 2013 at 5:54 PM, prakash risbud <risbud_p@yahoo.com> wrote:
>
> Hi Can anyone tell me if RTI letter is refused and sent back as refused what is the further process.
> Thanks
> prakash
> From: v.v. mishra <vmishra70@gmail.com>
> To: indiaresists@lists.riseup.net
> Sent: Wednesday, May 29, 2013 11:22 AM
> Subject: Re: [IAC#RG] TAINTED CHARACTERS IN INDIAN JUDICIARY
> send more details.
>
>
> Adv V Mishra
> On Wed, May 29, 2013 at 4:51 AM, Vijay Kapoor <vijay99kapoor@yahoo.com> wrote:
>
> My experience with judges discloses that many, if not most, are corrupt. They are typically beholden to the rich and powerful, thereby disclosing a feeble mind. The country is in urgent need for complete overhaul of the judiciary .... recruitment, training, monitoring & evaluation, and weeding.
>
> Vijay Kapoor
> --- On Tue, 5/28/13, Jasvir Singh <jasvir70@gmail.com> wrote:
>
> From: Jasvir Singh <jasvir70@gmail.com>
> Subject: Re: [IAC#RG] TAINTED CHARACTERS IN INDIAN JUDICIARY
> To: indiaresists@lists.riseup.net
> Date: Tuesday, May 28, 2013, 2:59 AM
> Dear Maniramji, you have raised a very pertinent issue. The appointment to the chairs of the CBI is also highly questionable, so very comprehensive and wide ranging reforms shall be required to be put in place. I share your concerns over the deplorable plight of the judicial system in our country.
> regards
> jasvir
> On Tue, May 28, 2013 at 11:33 AM, MANIRAM SHARMA <http://us.mc1402.mail.yahoo.com/mc/compose?to=maniramsharma@gmail.com> wrote:
>
> From: Mani Ram Sharma
> Advocate
>
> Nakul Niwas, Behind Roadways Depot
> Sardarshahar- 331 403-7District Churu (Raj)
> http://us.mc14
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