LAWS(SC)-2023-9-31

CBI Vs. R.R. KISHORE

Decided On September 11, 2023
CBI Appellant
V/S
R.R. Kishore Respondents

JUDGEMENT

(1.) This Constitution Bench has been constituted to consider whether the declaration made by a Constitution Bench of this Court, in the case of Subramanian Swamy vs. Director, Central Bureau of Investigation and another (2014) 8 SCC 682, that Sec. 6A of the Delhi Special Police Establishment Act, 194 (In short 'DSPE Act') being unconstitutional, can be applied retrospectively in context with Article 20 of the Constitution.

(2.) Necessary facts relevant for the purposes of this case are stated hereunder:

(3.) What the Constitution Bench did not decide was whether the declaration of Sec. 6A(1) of the DSPE Act to be violative of Article 14 of the Constitution would have retrospective effect or it would apply prospectively.