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2014 decision to repeal the provision of immunity from arrest in the DSPE Act will be effective with retrospective date: SC
Supreme Court: The Supreme Court on Monday began hearing on whether the repeal of the provision granting immunity from arrest will have retrospective effect or not. In which the court said that canceling the provision of exemption from arrest will affect the earlier cases. Article 20 of the Constitution provides protection in respect of conviction for offenses.
The Supreme Court on Monday began hearing on whether the repeal of the provision granting immunity from arrest would have retrospective effect in view of the rights protected under Article 20 of the Constitution. The Supreme Court ruled that the decision taken in 2014 had struck down a provision of the Delhi Special Police Establishment (DSPE) Act, 1946. The provision in which officers of the level of Joint Secretary and above were exempted from arrest. While hearing this provision, the court said that it would now be applicable with retrospective effect.
In its May 2014 judgment, the Supreme Court had declared Section 6A(1) of the Act invalid. Under Section 6A(1) of the Prevention of Corruption Act, the Centre's approval was required for any investigation or inquiry into any offense alleged to have been committed.
In this case, a five-judge Constitution bench headed by Justice Sanjay Kishan Kaul delivered its verdict on whether the repeal of the provision granting immunity from arrest would have retrospective effect in view of the rights protected under Article 20 of the Constitution. Article 20 of the Constitution provides protection in respect of conviction for offenses.
