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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When information available is adequate to indicate commission of cognizable offence or its discreet verification leads to similar conclusion, a regular case may be registered 19446 of a PE.
Indian Numbered Acts
Learned Attorney General fairly submits that the observations made by this Court in paragraph 28 in K. The powers under Article are not subject to any express statutory prohibitions.
Union of India, 4 SCC 1 investigations were conducted by the local police in respect of a senior government official, without any previous approval, and a challan filed in the court of the Special Judge dealing with offences under the Prevention of Corruption Act, The Act provides for at three member committee to make recommendations to the dpe government for appointment of the Director.
East North Northeast South West. Learned Attorney General, thus, submits that Section 6A which has a definite objective must be allowed to operate even in the cases where the investigation into the crimes under PC Act is being monitored by the Court. Whether it is within the domain of judicial review and it could be an effective instrument for activating the investigative process which is under the control of the executive?
Central Bureau of Investigation
Establishment Act, which was followed by the Central 19946 Notification datedensuing which the entire investigation of the case was handed over to CBI, at this stage, the In both Garg as well as Antulay cases the point was one of violation of constitutional provisions and constitutional rights. In my opinion, this section has no application to a constitutional court monitored inquiry or investigation.
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 by Part III in general and under Article 21 acct the Constitution in particular, zealously and vigilantly.
Prior to the present case, there was a general outcry that allocations of coal blocks for mining and exploitation were arbitrarily made in various parts of the country to private players which in effect amounted to distribution of largesse by the Central Government to these private players. The answer is quite obviously in the negative. The State Of Maha Accordingly, this order is confined to the second query, namely, whether the approval of the Central Government is necessary in respect of Court-monitored or Court-directed investigations.
Sharma and Gopal Achari to study the judgement.
The majority view of the Constitution Bench in Union Carbide, with regard to power of this Court under Article of the Constitution holds the same view as expressed by this Court in Delhi Judicial Service Association In Centre for PIL v.
It avt its headquarters in Lahore. PWs 35 and 33 reached the scene of offence at about the same time. Sravana and anoth TM to find other cases containing similar facts and legal issues.
Himachal Pradesh High Court The committee consists the following people:. It was not the only matter of its kind during the recent past. On behalf of the Union while defending the Single Directive 4. Death intimation was given to the police station which is Ext.
Quattrocchi off CBI’s wanted list”. Formation of the opinion as to whether on the materials collected, there is a case to place the accused before a Magistrate for trial, if so, take the necessary steps for the same for filing necessary charge-sheet under SectionCr.
In this light, the interplay between Section 6A of the Act and a constitutional court monitored investigation should be such as to protect senior government officials from frivolous and vexatious complaints and at the same time prevent them from exercising influence or prolonging the grant of previous approval by the Central Government thereby effectively scuttling the investigation.
You have reach dsp max limit. Retrieved 14 June Section of the Bombay Police Act. The justification for the enactment was the recommendations contained in the Report of the Joint Committee of both Houses of Parliament set up to examine the provisions of the Central Vigilance Commission Bill, Therefore, no parallel can be drawn between two ach and the law laid down in respect of one provision cannot be extended to the other.
9146 or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under Article In such a process, the people acquainted with facts and circumstances of the case would also have a sense of security and they would cooperate with the investigation given that the superior courts are seized of the matter. It is necessary to set at rest certain misconceptions in the arguments touching the scope of the powers of this Court under Article 1 of the Constitution.
It is not possible to assume that in a constitutional court monitored investigation the CBI will, in a trigger-happy manner, ride roughshod and target senior government officers only because they are empowered to do so. With regard to the time factor for taking actt decision, as proposed by the learned Attorney-General it is worth referring to Dr. The constitutional courts are repository of the faith of the people as well as protector of the rights of the individual and, therefore, no prior approval of the Central Government under Section 6A in the cases in which investigation is monitored by the constitutional court is necessary.
The second option is; CBI can initiate investigation falling under the domain of the State Government through the direction or the Order of the Higher Judiciary i.