KAZI LHENDUP DORJI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This Writ Petition filed under Article 32 of the Constitution raises the question whether it is permissible to withdraw the consent given by the State Government under Section 6 of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as the Act") whereby a member of the Delhi Special Police Establishment (D.S.P.E.) was enabled to exercise powers and jurisdiction for the investigation of the specified offences in any area in the State and, if so, what is the effect of such withdrawal of consent on matters pending investigation on the basis of such consent on the date of withdrawal.

(2.) The Act was enacted to make provision for the constitution of a special police force in Delhi for the investigation of certain offences in the Union Territories, for the superintendence and administration of the said force and for the extension to other areas of the powers and jurisdiction of members of the said force in regard to the investigation of the said offences. D.S.P.E. constituted under the said Act is now known as the Central Bureau of Investigation (CBI). Sections 5 and 6 of the Act read as under :-

(3.) By his letter dated October 20, 1976, addressed to the Deputy Secretary to the Government of India, Department of Personnel and Administrative Reforms, the Chief Secretary to the Government of Sikkim conveyed the consent of the Government of Sikkim under Section 6 of the Act to the members of the D.S.P.E. in exercising powers and jurisdiction on the whole of the State of Sikkim for the investigation of the offences punishable under various provisions of the Indian Penal Code specified therein as well as offences under the Prevention of Corruption Act, 1947. Similar consent in respect of offences under other enactments was conveyed by letter of the Chief Secretary, Government of Sikkim, dated July 10, 1979 and the orders of the Government of Sikkim dated December 24, 1983, June 28, 1984 and December 10, 1984.