KAZI LHENDUP DORJI versus THE CENTRAL BUREAU OF INVESTIGATION AND ORS.

KAZI LHENDUP DORJI versus THE CENTRAL BUREAU OF INVESTIGATION AND ORS.

The withdrawal of consent by the State Government under Section 6 of the Delhi Special Police Establishment Act, 1946, operates only prospectively and does not affect investigations which were commenced prior to such withdrawal. The CBI remains competent to complete and report on such investigations even after consent is withdrawn.

Parties
Petitioner: Kazi Lhendup Dorji; Respondents: The Central Bureau of Investigation and Ors.
Jurisdiction
India
Judgment Date
29 March 1994
Procedural Posture
Writ Petition (civil) Under Article 32 of the Constitution of India / Judgment on Merits
Outcome
Petition allowed
Legal Topics
Prosecution, Withdrawal of Consent Under Section 6 of the Delhi Special Police Establishment Act, 1946, Legislative Competence: Parliament Vs. States, Interpretation of 'state' Under Section 3(58) General Clauses Act, Effect of Withdrawal of Consent on Pending Investigations
Criminal Law Constitutional Law Administrative Law Prosecution Withdrawal of Consent Under Section 6 of the Delhi Special Police Establishment Act, 1946 Legislative Competence: Parliament Vs. States Interpretation of 'state' Under Section 3(58) General Clauses Act Effect of Withdrawal of Consent on Pending Investigations

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Parties

Kazi Lhendup Dorji

Petitioner

The Central Bureau of Investigation and Ors.

Respondents

Procedural Posture

Writ Petition (civil) Under Article 32 of the Constitution of India / Judgment on Merits

Legal Issues

  1. 1 Whether it is permissible for a State Government to withdraw consent given under Section 6 of the Delhi Special Police Establishment Act, 1946.
  2. 2 What is the effect of such withdrawal on matters pending investigation?
  3. 3 Does Section 21 of the General Clauses Act, 1897, apply to the power to grant and withdraw consent under Section 6?

Ratio Decidendi

The withdrawal of consent by the State Government under Section 6 of the Delhi Special Police Establishment Act, 1946, operates only prospectively and does not affect investigations which were commenced prior to such withdrawal. The CBI remains competent to complete and report on such investigations even after consent is withdrawn.

Court Disposition

Petition allowed

Orders

  • It is declared that the Notification dated January 7, 1987, withdrawing the consent by the Government of Sikkim under Section 6 of the Act, operates only prospectively.
  • The withdrawal does not apply to cases pending investigation on the date of the notification.