The
Supreme Court on Monday ruled that its 2014 verdict, which had struck down a
provision of the Delhi Special Police Establishment (DSPE) Act, 1946 which
provided immunity from arrest for officers of the level of joint secretary and
above, will have retrospective operation.
In
its May 2014 judgment, the apex court had held as invalid section 6A(1) of the
Act, which required approval of the Centre to conduct any inquiry or
investigation into any offence alleged to have been committed under the
Prevention of Corruption Act, where such allegation relates to employees of
central government of the level of joint secretary and above.
A
five-judge Constitution bench headed by Justice Sanjay Kishan Kaul delivered
its verdict on the issue of whether the striking down of the provision granting
immunity from arrest would have a retrospective effect in view of rights
protected under Article 20 of the Constitution.
Article
20 of the Constitution provides for protection in respect of conviction for
offences
"Declaration made by the constitution bench
(iCon May 2014) in the case of Subramanian Swamy will have retrospective
operation. Section 6(A) of the DSPE Act is held to be not in force from the
date of its insertion, that is September 11, 2003," said the bench also comprising
Justices Sanjiv Khanna, A S Oka, Vikram Nath and J K Maheshwari.