The Supreme Court today made it clear that its 2014 verdict had struck down a provision of the Delhi Special Police Establishment (DSPE) Act, 1946. This had provided immunity from arrest for officers of the level of joint secretary and above. Now. this verdict will have retrospective operation.
Records revealed that in 2014 judgement, the apex court had held as invalid section 6A(1) of the Act. This meant that it required approval of the Centre to conduct any inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, where such allegation relates to employees of central government of the level of joint secretary and above.
That is past.A five-judge Constitution bench headed by Justice Sanjay Kishan Kaul delivered its verdict on the issue of whether the striking down of the provision granting immunity from arrest would have a retrospective effect in view of rights protected under Article 20 of the Constitution.