Court-monitored corruption investigation not subject to prior government approval under Section 6A because constitutional powers prevail.

A statutory prior-approval requirement meant to prevent frivolous investigation of senior public officers does not apply where a Prevention of Corruption Act investigation is being monitored by a constitutional court. Court-monitored investigation is treated as distinct because it is supervised in public interest to ensure fairness, impartiality and timeliness, and the court remains seized of the matter to prevent abuse. The statutory restriction cannot limit constitutional powers under Articles 32, 136 and 142, so Central Government approval under Section 6A is not required in that setting.

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Issues: Whether the previous approval of the Central Government under Section 6A of the Delhi Special Police Establishment Act, 1946 is necessary for an inquiry or investigation under the Prevention of Corruption Act, 1988 when the investigation is being monitored by the constitutional court.

Analysis: Section 6A was enacted to protect senior decision-making officers from frivolous or vexatious investigation and to provide a screening mechanism at the pre-investigation stage. The Court held that a constitutional court-monitored investigation stands on a different footing because such monitoring is undertaken in public interest to ensure a fair, impartial and time-bound investigation without external interference. The constitutional court itself remains seized of the matter and can protect the rights of the officer concerned if any abuse is shown. The Court further held that the statutory restriction in Section 6A cannot curtail the constitutional powers exercised under Articles 32, 136 and 142, and that the principle applied in relation to Section 6 of the same Act in earlier precedent equally supports the conclusion that the Union's prior approval requirement does not control court-monitored investigations.

Conclusion: The prior approval of the Central Government under Section 6A is not required where the inquiry or investigation into offences under the Prevention of Corruption Act, 1988 is being monitored by the constitutional court.

Ratio Decidendi: A statutory approval requirement meant for executive control of investigation does not operate as a fetter on a constitutional court's power to monitor an investigation in public interest, and such monitoring itself supplies the safeguard against misuse.

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