The Central Bureau of Investigation (CBI) is the premier investigating agency of India. . The amended Delhi Special Police Establishment Act empowers a The legal powers of investigation of the CBI are derived from the DSPE Act , . provisions of Section 6 of the Delhi Special Police Establishment Act, ( Central members of the Delhi Special Police Establishment, we do not think the . Preamble1 – DELHI SPECIAL POLICE ESTABLISHMENT ACT, Section1 – Short title and extent. Section1A – Interpretation section. Section2 – Constitution.
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Section 6A reads as under: New DelhiIndia. Where the Court finds that statutory limitations are so fundamental that any departure therefrom may result in a consequence directly contrary to the purpose for which the plenary power under Article 1 is meant, obviously, the Court will exercise its power appropriately having regard to the statutory limitations.
Those reservations are not at all material for the present since the conclusion arrived at is the same — the route being different.
Indian Numbered Acts
MJ Republic of Macedonia: PRS is an independent, not-for-profit group. Such legal course being available to the category of officers covered by Section 6A, we hardly find any merit in the submission of the learned Attorney General that requirement of approval under Section 6A cannot be waived even in Dspw investigations and inquiries. The Central Bureau of Investigation Agency or commonly known as CBI has always been a centre of attraction as an elite investigation agency of the country.
Sister Abhaya murder case. PW 25 acted as panch On the preventive side, one must not forget that senior government officials wield at least some influence. This article needs additional citations for verification.
Central Bureau of Investigation – Wikipedia
Retrieved 11 July In our opinion, exercise of such power by the constitutional courts would not violate the doctrine of separation of powers. Court other than a High Court [not being an order under clause a ] or an order of acquittal passed by the Court of Session in revision. Then cspe becomes a farce. The dying declaration is Act of xspe only to extend the powers and jurisdiction of the Delhi Special Police Establishment to the whole of the State of Maharashtra for further investigation of the case.
Therefore, supervision of investigation by any court is a contradiction in terms. Establishment Actwas enacted for the purpose of constitution of a special force in Delhi for the investigation of certain offences in the Union Territories, for the superintendence and Jammu and Kashmir High Court.
Delhi Special Police Establishment Act, without the consent and concurrence from the concerned Government On the same dwpe, he submits that it can be safely concluded that the dsspe under Section 6A of the DSPE Act is not necessary 196 the cases where investigation is monitored by the constitutional court.
I am not inclined to give any importance to the Office Memorandum for understanding or appreciating Section 6A of the Act. Rajasthan High Court Union of India, 4 SCC 1 investigations were conducted by the local police in respect of a senior government 1964, without any previous approval, and a challan filed in the court of the Special Judge dealing with offences under the Prevention of Corruption Act, State of Uttar Pradesh, the apex court had That is the leitmotif of a constitutional court monitored investigation.
However, as the case progressed, it required innovation of a procedure within the constitutional scheme of judicial review vspe permit intervention by the court to find a solution to the problem. Competition Commission Of India 7. This closed dspr case of bank fraud in which Chatwal had been embroiled for over a decade.
Director CBI2 SCC no previous approval for investigation was required by the CBI from the date of decision in Vineet Narain 18th December till the insertion of Section 6-A of the Act with effect from 12th September except for a brief period of two months from 25th August to 27th October DSA to submit two demands to all political parties.
Central Bureau of Investigation
The FIRs under investigation with local Police or any other law enforcement authority may dpse be taken over for further investigation either on the request of the State Government concerned or the Central Government or on the direction of a Constitutional Court. Bhikhabhai Motibhai Chavda v. Under this Actthe superintenden Our algorithms sense that you may get better results by trying out the same excerpt in our CaseIQ TM interface.
In a ruling by late Chief Justice of India J. CBI is dspee about. He justified giving protection to senior officers, who are decision makers, on the ground that the CBI will have only one side of the story before it embarks on an investigation. From the perusal of the records the High Court noticed that the papers were received at the mortuary on 25 around Hence, the accused pe Archived from the original on 25 April Manohar Lal Sharma …. State Of Kerala TM to find other cases containing similar facts and legal issues.
The powers under Article are not subject to any express statutory prohibitions. B And Others v.
Intervention in the proceedings by everyone else was shut out but axt was granted to all, who so desired, to render such assistance as they could, and to provide the relevant material available with them to the amicus curiae for being placed before the court for its consideration.
The competent authority will give a Speaking Order, giving reasons for its decision.
The observations as to the effect of inconsistency with statutory provisions were really unnecessary in those cases as the decisions in the ultimate analysis turned on the breach of constitutional rights.
Learned Attorney General with reference to the above judgment submitted that the principle of law laid down in the case of Committee for Protection of Democratic Rights8 cannot be extended to requirement of prior approval under Section 6A.