observance of mandatory statutory provision of Section 6 of Delhi Special Police Establishment Act (herein referred to ' DSPE Act ') by the CBI caused ... that so far as the consent of Section 6 of DSPE Act is concerned, the State of Uttar Pradesh has already issued notification
previous sanction envisaged by
Section 197 CrPC. According to Mr. Chandrashekaran, the object of
enacting Section 6 DSPE Act was to ensure that a public ... sec. 5 read with sec. 6 of the Delhi Special Police
Crl.M.C. No. 3172/2008 Page 13 of 18
Establishment Act, 1946 (Act
cases by the Defendant after
withdrawal of Notification under Section 6 of
the DSPE Act by the Plaintiff is
unconstitutional and non-est;
ii. Pass ... West Bengal after
withdrawal of the consent under Section 6 of
the DSPE Act by the State;
iii. Pass a Judgment and Decree declaring that
offence in the absence of a valid
sanction under Section 6 DSPE Act and the charge sheet dated 20 th April
2017 filed ... State Himachal Pradesh under
Government as per section Section 6 of the DSPE Act
6 of the Delhi Special at the time of registration
clause (c) thereof enacts that after Section
6 , Section 6-A shall be inserted in the DSPE Act .
8. Section 6 ... Solicitor General
stoutly defends Section 6-A . He submits that the rationale behind Section 6-
A of the DSPE Act can be seen
DSPE Act,
the DSPE (CBI) had no powers to conduct investigation in view of
the provisions contained in Section 6 of the DSPE Act ... 6 2020 SCC OnLine SC 395
20
respondent-State having granted general consent in terms of
Section 6 of the DSPE Act vide notification dated
transacted, in view
of the urgency Sub- section 2 of Section 6 of DSPE Act was clearly attracted.
A perusal of the FIR reveals that ... misconceived.
7. Whether sub-Section (1) or sub-Section (2) of Section 6(A) of the
DSPE Act is applicable will have to be determined
Section 2 of the DSPE Act is confined to Union Territory and by virtue of Section 5 of the DSPE Act the powers and jurisdiction ... submitted that Section 3 is the parental section with further provisions under Sections 5 and 6 of the DSPE Act giving or prescribing territorial jurisdiction
Central Government.
It is submitted that sub-section (2) of section 6-A of the DSPE
Act permitted the CBI to arrest a person ... spot" arrest as envisaged
under sub-section (2) of section 6-A of the DSPE Act. It is,
therefore, submitted that the arrest
State of Karnataka by exercising its powers
under Section 6 of the DSPE Act, has passed the impugned order at
Annexure ... according sanction to the CBI under the provisions of
Section 6 of the DSPE Act for further investigation would amount to
abuse of process
