
Whether One Can Be Deprived Of Immunity From Arrest By Retrospective Operation Of Judgment? Supreme Court Constitution Bench To Hear From Nov 1
Live LawA Constitution Bench of the Supreme Court will commence hearing on the issue of whether striking down of a provision granting immunity from arrest would have retrospective application, especially in view of rights protected under Article 20 of the Constitution of India, 1950, from 1st November, 2022. Senior Advocate, Mr. Arvind Datar apprised the Bench of the crux of the issue involved in the matter - "Now the main question is what is the effect of law being struck down as void…" Solicitor General, Mr. Tushar Mehta stated that once a provision is struck down it would be considered as if the provision never existed - "Once your lordship says that it was not constitutional then it would be as if it never existed." Section 6A of the Delhi Police Special Establishment Act, 1946 contemplates that before conducting investigation or inquiry under the Prevention of Corruption Act, the Central Bureau of Investigation ought to seek sanction of the Central Government: where such allegation relates to— the employees of the Central Government of the Level of Joint Secretary and above; and such officers as are appointed by the Central Government in corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government. The Division Bench, while referring the matter to the Constitution Bench, by its order dated 10.03.2016, formulated the issue as under - "Whether there can be a deprivation of such immunity by a retrospective operation of a judgment of the Court, in the context of Article 20 of the Constitution of India…"
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