TMI Blog2016 (3) TMI 1464X X X X Extracts X X X X X X X X Extracts X X X X ..... TOR, 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Delhi Special Police Establishment Act, 1946 is in the following terms: 6A. Approval of Central Government to conduct inquiry or investigation.-(1) The Delhi Special Police Establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988) except with the previous approval of the Central Government where such allegation relates to (a) the employees of the Central Government of the Level of Joint Secretary and above; and (b) such officers as are appointed by the Central Government in corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h. Paragraphs 15 and 21 dealing with the said question read as follows: 15. Whether constitutional guarantee enshrined in Clause (1) of Article 20 is confined only to prohibition against conviction for any offence except for violation of law in force at the time of commission of the act charged as an offence and subjection to a penalty greater than that which might have been inflicted under the law in force at the time of commission of offence or it also prohibits legislation which aggravates the degree of crime or makes it possible for him to receive the same punishment under the new law as could have been imposed under the prior law or deprives the accused of any substantial right or immunity possessed at the time of the commission of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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