Prior approval must for probe against officials: ASG to CBI

The government’s prior permission is must before intiating any enquiry, inquiry or investigation against a public servant on charges of corruption was the Additional Solicitor General (ASG) of India legal opinion to the Central Bureau of Investigation (CBI). Apparently, the opinion was sought by CBI after the Prevention of Corruption Act was amended on July 26 this year. For, in the same opinion, ASG P S Narasimha offered that no prior government permission was required for registration of FIR if the alleged offence committed by a public servant is cognisable. Citing a leading judgement of the Supreme Court, Narasimha wrote that the apex court has made it absolutely clear that registration of FIR is mandatory if the information given to the police discloses commission of a cognisable offence. The three queries raised by CBI makes no mention of any particular case or inquiry or name of any suspect/accused. The determinative factor is not the date on which the offence is committed but it is with respect to the date of commencement to enquiry, inquiry or investigation into the crime alleged against the public servant. In other words, the section is not retrospective in nature but it is retroactive wrote Narasimha