F.M. Ibrahim Kalifulla JUDGMENT
R.M. Lodha, C.J.I.
1. Section 6A of the Delhi Special Police Establishment Act, 1946 (for short, 'the DSPE Act'), which was inserted by Act 45 of 2003, reads as under:
Section 6A. Approval of Central Government to conduct inquiry or investigation.-(1) The Delhi Special Police Establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988) except with the previous approval of the Central Government where such allegation relates to-
(a) the employees of the Central Government of the Level of Joint Secretary and above; and
(b) such officers as are appointed by the Central Government in corporations established by or under any Central Act, Government companies, societies and local authorities owned or controlled by that Government.
(2) Notwithstanding anything contained in Sub-section (1), no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other than legal remuneration referred to in Clause (c) of the Explanation to Section 7 of the Prevention of Corruption Act, 1988 (49 of 1988).
2. The constitutional validity of Section 6A is in issue in these two writ petitions, both filed under Article 32 of the Constitution. Since Section 6A came to be inserted by Section 26(c) of the Central Vigilance Commission Act, 2003 (Act 45 of 2003), the constitutional validity of Section 26(c) has also been raised. It is not necessary to independently refer to Section 26(c). Our reference to Section 6A of the DSPE Act, wherever necessary, shall be treated as reference to Section 26(c) of the Act 45 of 2003 as well.
Reference to the Constitution Bench
3. On February 4, 2005 when these petitions came up for consideration, the Bench thought that these matters deserved to be heard by the larger Bench. The full text of the reference order is as follows:
1. In these petitions challenge is to the constitutional validity of Section 6A