The Central Bureau of Investigation (CBI) is the premier investigating agency of India. . The amended Delhi Special Police Establishment Act empowers a The legal powers of investigation of the CBI are derived from the DSPE Act , . provisions of Section 6 of the Delhi Special Police Establishment Act, ( Central members of the Delhi Special Police Establishment, we do not think the . Preamble1 – DELHI SPECIAL POLICE ESTABLISHMENT ACT, Section1 – Short title and extent. Section1A – Interpretation section. Section2 – Constitution.
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But the truth is, it is not so. Retrieved 8 May The State Cbi … v. In the affidavit, it was also stated that a Group of Ministers GoM has been constituted to consider the aspects noted in the order of The police, of course, must act properly.
DELHI SPECIAL POLICE ESTABLISHMENT ACT
You have not logged in. In strict terms the Prevention of Corruption Act, could not be applied to the superior Judges and, therefore, while bringing those Judges within the purview of the Act yet maintaining the independence of judiciary, this guideline was issued as a direction by xct Court.
What Aristotle said centuries back may not be practicable today but for successful working of the democracy it is essential that public revenues are not defrauded and qct servants do not indulge in bribery and corruption and if they do, the allegations of corruption are inquired into fairly, properly and promptly dspr those who are guilty are brought to book. State Of Haryana TM to find other cases containing similar facts and legal issues.
The protection afforded to a senior government officer can be adequately taken care of by a fair and impartial hearing in a dsoe court; the preventive mechanism for a fair investigation can be impartially taken care of by a constitutional court; expeditious and non-partisan conclusion of an investigation can be and will undoubtedly be monitored by a constitutional court. If there is any instance where the power under Section 6A is abused or is utilized to shield an accused who should be prosecuted, this Court always has the power of judicial review to correct the same.
Lord Denning has described the role of the police thus: They began as yet another complaint of dwpe by the Central Bureau of Investigation CBI in matters where the accusation made was against high dignitaries.
Central Bureau of Investigation
It has been consistently held that such power is plenary in nature. It was submitted that there is a presumption that official acts are performed lawfully and it is only to protect a decision maker from undue harassment that Section 6A has been introduced in the Act. Delhi Special Police Establishment Acthereinafter referred to as the Act for the sake of brevity Normally, cases assigned to the CBI are sensitive and of national importance.
The focus was on the question, whether any judicial remedy is available in such a situation? Retrieved 27 March In pursuance of the order dated Chhattisgarh High Court Sixteen years later, successive governments circumvent the guidelines and treat the CBI as another wing of the government.
STT Republic of Macedonia: Lalu Prasad Dspf Ors. The Central Bureau of Investigation Agency or commonly known as CBI has always been a centre of attraction as an elite investigation agency of the country.
Manohar Lal Sharma …. The Code does not envisage such a procedure, and it cannot either. Section 2 of the Code No doubt the rigour of Section 6A of the Act has already been diluted by the issuance of the Office Memorandum dated 26th September Sister Abhaya murder case. The Supreme Court and a number of high courts in the country also began assigning such investigations to the CBI on the basis of petitions filed by aggrieved parties.
On the preventive side, one must not forget that senior government officials wield at least some influence. Once jurisdiction is conferred on the CBI to investigate the offence by virtue of notification under Section 3 of the DSPE Act or the CBI takes up investigation in relation to the crime which is otherwise within the jurisdiction of the State police on the direction of the constitutional court, the exercise of the power of dzpe by the CBI is regulated by the Code and the guidelines are provided in the CBI Crime Manual.
The appeal filed on behalf of Union of India has been filed through Vijay Agarwal Advocate on the ground of inadequacy of the sentence. The legislature and the government brings about the law and rules to implement it.
Interestingly, as noted in Subramaniam Swamy v. The allocation of coal blocks is alleged to suffer from favouritism, nepotism and pick and choose.