In an order that could trigger another confrontation between the judiciary and the government,the Supreme Court Thursday said that the CBI did not require the sanction of the government to pursue a court-monitored investigation such as the 2G case. Why a sanction is required to investigate? It is a court-monitored investigation,you can go ahead and probe, said a bench of Justices G S Singhvi and K S Radhakrishnan,referring to the 2G case. Related: Parties want House to stand up to SC You dont need permission anymore. It is made clear that the CBI is conducting investigation. under the supervision of this court and hence requirement of sanction will not come in the way with respect to investigation of anyone. In a court-monitored investigation,you are not required to get sanction under Section 6A. The courts position may have a direct bearing on the Centres battle in the coal blocks case to hold on to its power to decide whether the CBI can be allowed to interrogate top officers. The government has refused to make any exception to the rule which requires the CBI to approach it for sanction to investigate officers at the level of joint secretary or above,as provided under Section 6A of the Delhi Police Special Establishment Act. Replying to the query by a three-judge bench led by Justice R M Lodha on why the CBI should approach the government for sanction to investigate,the government has said that this authority could not be taken away even in a court-ordered or court-monitored investigation and that the extraordinary powers of the apex court under Articles 32 and 142 were not adequate. The Centres argument will be heard by this bench on August 6. The clarification by the 2G bench on Thursday came after senior lawyer K K Venugopal,appearing for the CBI,said that the agency needed to get sanction under Section 6A in the Aircel-Maxis case. Seeking time to finalise the chargesheet in the matter,Venugopal said the CBI had to wait for government approvals. At one point of time,the investigation was quick but now it is getting tardy. After our first final order in February 2010,there was no impediment on investigation and you could probe X,Y,anyone. In a court-monitored investigation,you are not required to get a sanction under Section 6A, the bench said. The court then gave the CBI two months to file a chargesheet in the case,in which former telecom minister Dayanidhi Maran is accused of forcing Chennai-based telecom promoter C Sivasankaran to sell stake in Aircel in 2006 to Malaysian firm Maxis.
