The Supreme Court has reserved its verdict on the controversial "single directive" clause in the CVC Act, which bars the CBI from initiating any action against officers of the rank of joint secretaries and above without prior sanction from the government.

A Bench comprising Justices Y K Sabharwal, D M Dharmadhikari and Tarun Chaterjee reserved its judgment after hearing amicus curie Anil Diwan and Solicitor General G E Vahanvati, who argued for the Centre.Mr Diwan contended that the consequences of incorporating "single directive was grave as CBI would be rendered toothless against corrupt public servants and their collaborators till grant of permission by the government".

However, Mr Vahanvatti defended the provision on the grounds that the shield was brought into the CVC Act of 2003 to protect honest bureaucrats from frivolous and false litigation.

In December 1997, the apex court had struck down the single directive clause of 1969 in the famous Hawala case, saying that there was no need to provide a shield as corrupt practices could not be deemed to be part of official duties.
But, it was restored by inserting a new section 6A in the Delhi Special Police Establishment Act, which governs the CBI. The single directive has been often abused, with the bureaucrats under glare pulling strings to ensure that the CBI did not get sanction for prosecution, which is needed even for launching a preliminary enquiry, a step before registering an FIR against senior bureaucrats, agency officials said.

The UF government had issued CVC ordinance bringing in the controversial clause, but, however, it was dropped. Even the CVC bill of 1999 did not have the provision when tabled in Parliament. However, a joint parliamentary committee suggested the re-introduction of the clause as "no protection was available to the persons at the decision-making level." On the basis of the committee's recommendation, the clause was brought back.