2014 verdict striking down DSPE Act provision providing immunity to officers will have retrospective effect: Supreme Court

The Supreme Court on Monday held that its 2014 judgement holding as invalid Section 6A(1) of the Delhi Special Police Establishment Act, 1946, which required the Central Bureau of Investigation (CBI) to take prior sanction to register cases against officers of the rank of joint secretary and above, will have retrospective effect.

In the 2014 ruling in the Subramanian Swamy vs Union of India case, the Supreme Court had held that “Section 6- A(1), which requires approval of the Central Government to conduct any inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act,1988 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 the Government, is invalid and violative of Article 14 of the Constitution”.

On Monday, a five-judge Constitution bench presided by Justice S K Kaul, also comprising Justices Justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari, said that section 6A is only part of the procedure and does not constitute any new offence.

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The court added that Article 20(1) of the Constitution has no applicability to the provision’s validity.

Article 20 (1) says that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

The detailed order is awaited.