LAWS(SC)-2014-5-5

SUBRAMANIAN SWAMY Vs. DIRECTOR, CENTRAL BUREAU OF INVESTIGATION

Decided On May 06, 2014
SUBRAMANIAN SWAMY Appellant
V/S
DIRECTOR, CENTRAL BUREAU OF INVESTIGATION Respondents

JUDGEMENT

(1.) Section 6-A of the Delhi Special Police Establishment Act, 1946 (for short, 'the DSPE Act'), which was inserted by Act 45 of 2003, reads as under:

(2.) The constitutional validity of Section 6-A is in issue in these two writ petitions, both filed under Article 32 of the Constitution. Since Section 6-A came to be inserted by Section 26(c) of the Central Vigilance Commission Act, 2003 (Act 45 of 2003), the constitutional validity of Section 26(c) has also been raised. It is not necessary to independently refer to Section 26(c). Our reference to Section 6-A of the DSPE Act, wherever necessary, shall be treated as reference to Section 26(c) of the Act 45 of 2003 as well.

(3.) On February 4, 2005 when these petitions came up for consideration, the Bench thought that these matters deserved to be heard by the larger Bench. The full text of the reference order is as follows: