STATE OF PUNJAB versus HARNEK SINGH

STATE OF PUNJAB versus HARNEK SINGH

Notifications issued under Section 5-A(1) of the Prevention of Corruption Act, 1947, empowering and authorising Inspectors of Police to investigate cases, are deemed to be saved under the Prevention of Corruption Act, 1988 via Section 30(2) of the 1988 Act read with Sections 6 and 24 of General Clauses Act, and...

Source-derived case information.

Parties
Appellant: State of Punjab; Respondent: Harnek Singh
Jurisdiction
India
Judgment Date
15 February 2002
Procedural Posture
Criminal Appeal / Appeal From Punjab and Haryana High Court Decision Quashing Firs and Proceedings
Outcome
appeals allowed; High Court judgment set aside
Legal Topics
Effect of Repeal and Re Enactment, Saving Notifications, Investigation Powers Under Anti Corruption Statute, Interpretation of General Clauses Act
Criminal Law Administrative Law Effect of Repeal and Re Enactment Saving Notifications Investigation Powers Under Anti Corruption Statute Interpretation of General Clauses Act

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Summary, issues, holding and outcome

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Parties

State of Punjab

Appellant

Harnek Singh

Respondent

Procedural Posture

Criminal Appeal / Appeal From Punjab and Haryana High Court Decision Quashing Firs and Proceedings

Legal Issues

  1. 1 Whether notifications issued under Prevention of Corruption Act, 1947 empowering Inspectors of Police are saved under the Prevention of Corruption Act, 1988
  2. 2 Whether such notifications continue to be in force and apply to investigations under the 1988 Act until superseded or withdrawn

Ratio Decidendi

Notifications issued under Section 5-A(1) of the Prevention of Corruption Act, 1947, empowering and authorising Inspectors of Police to investigate cases, are deemed to be saved under the Prevention of Corruption Act, 1988 via Section 30(2) of the 1988 Act read with Sections 6 and 24 of General Clauses Act, and remain valid and applicable to investigations under the re-enacted Act until superseded or withdrawn.

Court Disposition

appeals allowed; High Court judgment set aside

Orders

  • Trial Courts directed to proceed with cases in accordance with law; prioritize cases and conclude trials at the earliest