members of the DSPE. The superintendence of
DSPE vests in the Central Government and section 5 of DSPE
Act empowers the Central Government to extend ... case
(supra) by indicating that the Army Act, Navy Act and Air
Force Act embody a completely self contained and
comprehensive Code and therefore constitute
Special Police Establishment
Act, 1946 (hereinafter referred to as the " DSPE Act "), and
having regard to the limitations of its powers contained
therein ... must be held to be bound
by the provisions of the DSPE Act and cannot act in a sui
generis capacity.
(viii
Delhi Special Police Establishment Act, 1946 (hereinafter referred to as DSPE Act ).
C. Non compliance of CBI Manual.
D. No complaint by Medical Council ... Special Police Establishment Act 1946 (herein after referred to as the DSPE Act ) is a special Statute. By reason of the said enactment
DSPE Act was amended by the CVC
Act, 2003. The CVC Act, 2003 and the amendments made in the
DSPE Act, 1946 were clearly made ... DSPE Act , as it exists on date, were
brought in by the same legislation i.e. CVC Act (Act
Karnataka by exercising its powers
under Section 6 of the DSPE Act, has passed the impugned order at
Annexure-A.
27
18. It is further ... Central Government under Sections 6 and 5 of the DSPE Act
are vested powers of the Government independent to the power of
the High Court
that the CBI and DSPE are one and the
same thing. Whereas DSPE has been established under the DSPE Act,
1946 , the CBI, points ... name, namely, CBI, DSPE, inasmuch as
the CBI is an organ or part of the DSPE in terms of the DSPE Act
Delhi Special Police Establishment Act (herein referred to ' DSPE Act ') by the CBI caused serious prejudice to the petitioners, as the fundamental rights ... that so far as the consent of Section 6 of DSPE Act is concerned, the State of Uttar Pradesh has already issued notification
argued that Delhi Special Police Establishment
Act, 1946 (in short ' DSPE Act ') is a special law, whereas, Criminal
Procedure Code (in short ... DSPE Act and Section 17 of P.C. Act, 1988, do not
.
confer power to investigate into the offences mentioned therein
solely on DSPE
terms
of Section 6 of Delhi Special Police Establishment Act, 1946 [― DSPE
Act ‖ for short], for investigation of the instant case has been given ... ground
that no consent in terms of Section 6 of the DSPE Act has been
accorded by the erstwhile State of Jammu and Kashmir
Delhi Special Police Establishment Act, 1946
(henceforth referred as ' DSPE Act, 1946 ') permitting the
respondent No.3 to investigate all purported violations ... relate to grant of
consent under Section 6 of the DSPE Act, 1946.
8. The learned counsel for the respondent No.3
submitted that