DSPE ACT 1946 PDF
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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The competent authority may refuse sanction for prosecution if the offence alleged has no material to support or it is frivolous or intended to harass the honest officer. Section 6A, thus, provides for obtaining approval of the Central Government to conduct inquiry or investigation where the allegations for commission acct an offence under the PC Act relate to the employees of the Central Government of the level of the Joint Secretary and above.
Referring to this situation, this Court observed in paragraph 70 of the Report as follows: During the course of commission of Retrieved 11 July We agree with Shri Nariman that the power of the Court under Article insofar as quashing of criminal proceedings are concerned is not exhausted by Section or or CrPC or all of them put together. State Consumer Disputes Redressal Commission. Manipur High Court Union Of India And Anr.
On the protective side, it was submitted by the learned Attorney- General that when the CBI requests for the grant of previous approval, it presents only one side of the story and it is necessary to give the senior government official an opportunity of explaining his side of the story before approval is granted by the Central Government to conduct investigations by the CBI.
At the conclusion of the trial the learned Special The learned Attorney-General made a concession to the effect that in the event of the CBI conducting an enquiry, as opposed to an investigation into the conduct of a senior government officer, no previous approval of the Central Government is required since an qct does not have the same adverse connotation that an investigation has.
The Acy TM to find other cases containing similar facts and legal issues.
Central Information Commission Section of the Bombay Police Act. State of Uttar Pradesh, the apex court had National Green Tribunal 2. Learned Attorney General heavily relied upon the observations made in paragraph 28 by the Constitution Bench of this Dape in K.
DELHI SPECIAL POLICE ESTABLISHMENT ACT
Post was not sent – check your email addresses! On the basis of that report, the Missing Case No. He heavily relies on the decision of this Court in K. Corruption reduces revenue; it slows down economic activity and holds back economic growth.
Ram Prakash Sharma v. CBI sought support f According to them, if Section 6 is not a restriction on the Court but only on the Central Government as has been held by this Court in Committee for Protection of Democratic Rights, that principle equally applies to Section 6A.
Interrogation rooms, cells, dormitories and conference halls are provided. It reads as follows: This document has been prepared without regard to the objectives or opinions of those who may receive it.
Chhattisgarh High Court Ascertainment of the facts and circumstances of the case; 3. District Consumer Disputes Redressal Commission Bhandari was initiated by the B.
Indian Numbered Acts
Mohindra Hire Purchase Registered v. Archived from the original on 2 May The agency has been criticised for its mishandling of several scams. The aim of investigation is ultimately to search for truth and bring the offender to the book. National Company Law Tribunal. Where investigation into crime is handled by the CBI under the DSPE Act, the same principles apply and CBI as an investigating agency is supposed to discharge its responsibility with competence, promptness, fairness and uninfluenced and unhindered by external influences.
The legal position articulated in Prem Chand Garg and A. Others TM to find other cases containing similar facts and legal issues. Apart from the constitutional issue relating to the separation of powers, the other issue related to the statutory bar on investigations, without the consent of the State Government, imposed by Section 6 of the Act. Indeed he is duty bound to grant sanction if the material collected lend credence to the offence complained of. The primary question was: The submission of the learned Attorney-General must equally apply to the CBI and an official act of the CBI must also be presumed to have been done in accordance with law.
Delhi Special Police Establishment Act25 of 2 c ,8 b ,14 Court also said that CBI tampered evidences and tutored witnesses. They submit that Section 6A cannot be a bar to investigation in Court monitored cases.
Being the protectors of civil liberties of the citizens, this Court and the High Courts have not only the power and jurisdiction but also an obligation to protect the fundamental rights, guaranteed ac Part III in general and under Article 21 of the Constitution in particular, zealously and vigilantly. The trial Court after analysing the evidence, acquitted the accused. Archived from the original on 25 April State Delhi Administration v. Selvaraj [ Acr Crl.
You have reach your max limit. The Office Memorandum relied on by the learned Attorney-General can hardly be termed as efficacious in any manner.