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2016 (3) TMI 1464 - SC - Indian LawsJurisdiction of Delhi Special Police Establishment to inquire or investigate into any offence alleged to have been committed under the Prevention of Corruption Act, 1988 - Section 6A(1) of the Delhi Special Police Establishment Act, 1946 - HELD THAT:- The provisions of Section 6A(1) of the Delhi Special Police Establishment Act, 1946 has been held to be unconstitutional being violative of Article 14 of the Constitution of India by a Constitution Bench of this Court in DR. SUBRAMANIAN SWAMY VERSUS DIRECTOR, CENTRAL BUREAU OF INVESTIGATION & ANR. AND CENTRE FOR PUBLIC INTEREST LITIGATION VERSUS UNION OF INDIA [2014 (5) TMI 783 - SUPREME COURT]. The judgment of the Constitution Bench is however silent as to whether its decision would operate prospectively or would have retrospective effect. Though a large number of precedents have been cited at the Bar to persuade us to take either of the above views, as would support the case of the rival parties, we are of the considered view that this question should receive the consideration of a Constitution Bench in view of the provisions of Article 145(3) of the Constitution of India. The provisions of Section 6A(1) do indicate that for officers of the level of Joint Secretary and above a kind of immunity has been provided for. Whether there can be a deprivation of such immunity by a retrospective operation of a judgment of the Court, in the context of Article 20 of the Constitution of India, is the moot question that arises for determination in the present case - having regard to the provisions of Article 145(3) of the Constitution of India, the aforesaid question referred to a larger bench for which purpose the papers may now be laid before the Hon'ble the Chief Justice of India on the administrative side. Matter referred to Larger Bench.
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