Sikkim HC upholds Constitutionality of Section 6 of Delhi Special Police Establishment Act [Read Judgment]

The Sikkim High Court has recently held that the Section 6 of Delhi Special Police Establishment Act, as constitutional and valid,

It also observed that the Parliament is competent to enact such a provision as stated under Entry 80 of List I-Union List, prescribing power to grant consent for the concerned State Government, to enable a member of DSPE to exercise powers and jurisdiction in any area in the State.

In the writ petition, Constitutionality of Section 6 of DSPE Act, wherein the State Government has power to grant consent for investigation of offence by DSPE was assailed. Some residents and MLAs of the state of Sikkim had approached the High Court.

“Under the legislative scheme, Parliament has no competence to extend power and jurisdiction of DSPE to any other State without consent of the concerned State.”, the Bench comprising observed upholding the constitutionality of the provision.

The Chief Justice of the High Court Justice Satish K. Agnihotri also held that the State Government has power to give consent under the valid provision of law and also to withdraw the same. Withdrawal of consent to initiate an investigation is not final and it may be granted in any specific offence in future at any point of time or can be withdrawn, the Bench observed while dismissing the writ plea.

In November, 2013 Gauhati High Court ruled that the 1963 executive order under which the CBI was formed is unconstitutional, and that an act should have been passed for the purpose. Later the Supreme Court stayed the Judgment and the matter is still pending before the Supreme Court