Interestingly, the agency had submitted last year that for registration of FIR for offences under the Prevention of Corruption Act (PC Act), no specific permission is required from the State government.
“The offence of attempt to obtain undue advantage for improper and dishonest performance of their public duty is not covered under the purview of recommendation made or decision taken by such public servant in discharge of his official functions or duties,” the affidavit filed by CBI had stated.
The agency had also added that since the investigation had been called for by the High Court, the requirement of sanction did not arise.
The agency had also submitted earlier that requirement of sanction under Section 17A is deemed unnecessary the moment the Court ordered the enquiry based on a thorough consideration of the material before it.
Source: Barandbench
