2014 Verdict Striking Down Provision Of DSPE Act Will Have Retrospective Operation: Supreme Court

The Supreme Court on Monday declared that its 2014 verdict, which struck down a provision of the Delhi Special Police Establishment Act, 1946 that provided immunity from arrest for officers of the joint secretary level and above, and will have retrospective operation.

In its May 2014 judgement, the apex court held as invalid section 6A (1) of the Act, that required approval of the Centre for conduction of any inquiry or investigation into any offence that was alleged to have been committed under the Prevention of Corruption Act, where such allegation relates to employees of the central government of the level of joint secretary and above.

The issue before the constitution bench comprising of Justices Sanjay Kishan Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari delivered its verdict on the issue of whether striking down of the provision while granting immunity from arrest that would have a retrospective effect in view of rights protected under Article 20 of the Constitution.

Article 20 of the Constitution provides for protection in respect of conviction for offences.

The bench stated that, “Declaration made by the constitution bench (in May 2014) in the case of Subramanian Swamy will have retrospective operation. Section 6(A) of the DSPE Act is held to be not in force from the date of its insertion, that is September 11, 2003.”