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2013 (12) TMI 1650 - SC - Indian LawsCBI Non-partisan investigating agency - Central vigilance commission (CVC) - Prevention of Corruption Act (“PC Act” for short) -The fact that the investigation is monitored by the constitutional court is itself an assurance that investigation/inquiry by the CBI is not actuated with ulterior motive to harass any public servant and the investigating agency performs its duties and discharges its responsibility of fair and impartial investigation uninfluenced by extraneous considerations. whether the approval of the Central Government is necessary under Section 6A of the Delhi Special Police Establishment Act, 1946 (“DSPE Act” for short) in a matter where the inquiry/investigation into the crime under the PC Act is being monitored by the Court. HELD THAT:- The approval of the Central Government is not necessary under Section 6A of the DSPE Act in a matter where inquiry/investigation into the crime under the PC Act is being monitored by this Court. This position holds good in cases which are directed by the Court to be registered and the inquiry/investigation thereon is actually being monitored by this Court. The monitoring of investigations/inquiries by the Court is intended to ensure that proper progress takes place without directing or channeling the mode or manner of investigation. The whole idea is to retain public confidence in the impartial inquiry/investigation into the alleged crime; that inquiry/investigation into every accusation is made on a reasonable basis irrespective of the position and status of that person and the inquiry/investigation is taken to the logical conclusion in accordance with law.
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