TMI Blog2005 (2) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... Y.K. Sabharwal, J. 1. In these petitions challenge is to the constitutional validity of Section 6-A of the Delhi Special. Police Establishment Act, 1946 (for short, 'the Act'). This Section was inserted in the Act w.e.f. 12th September, 2003. It, inter alia, provides for obtaining the previous approval of the Central Government for conduct of any inquiry or investigation for any offence alleged to have been committed under the Prevention of Corruption Act, 1988 where allegations relate to officers of the level of Joint Secretary and above. Before insertion of Section 6-A in the Act, the requirement to obtain prior approval of the Central Government was contained in a directive known as 'Single Directive' issued by the G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 998. From the date of the decision in Vineet Narain's case and till insertion of Section 6-A w.e.f. 12th September, 2003, there was no requirement of seeking previous approval except for a period of two months from 25th August to 27th October, 1998. 3. The validity of Section 6-A has been questioned on the touchstone of Article 14 of the Constitution of India. Learned Amicus Curiae has contended that the impugned provision is wholly subversive of independent investigation of culpable bureaucrats and strikes at the core of rule of law as explained in Vineet Narain's case and principle of independent, unhampered, unbiased and efficient investigation. The contention is that Vineet Narain's decision frames structure by which hone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgments of this Court including that of Vineet Narain's. Section 6-A of the Act is wholly arbitrary and unreasonable and is liable to be struck down being violative of Article 14 of the Constitution of India is the submission of learned Amicus Curiae. 4. In support of the challenge to the constitutional validity of the impugned provision, besides observations made in the three-Judge Bench decision in Vineet Narain's case, reliance has also been placed on various decisions including S.G. Jaisinghani v. Union of India and Ors. [1967]65ITR34(SC), Kumari Shrilekha Vidyarthi and Ors. v. State of UP, and Ors. AIR1991SC537, Ajay Hasia and Ors. v. Khalid Mujib Sehravardi and Ors. (1981)ILLJ103SC and Mardia Chemicals Ltd. and Ors. v. Uni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... level of corruption and these problems need to be addressed, infractions of the law need to be investigated, investigations have to be conducted quickly and effectively without any interference and the investigative agencies should be allowed to function without any interference of any kind whatsoever and that they have to be insulated from any extraneous influences of any kind, contends that a legislation cannot be struck down on the ground of arbitrariness or unreasonableness as such a ground is available only to quash executive action and orders. Further contention is that even a delegated legislation cannot be quashed on the ground of mere arbitrariness and even for quashing such a legislation, manifest arbitrariness is the requirement ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
