1. These four petitions filed under Article 226 of the Constitution raise common challenge to the constitutional validity of the Government Notification dated 3rd June 2002 published in the Official Gazette of the State of Bihar on 9th August 2008.

2. The petitioners in C.W.J.C. No. 7489 of 2006 are the wife and the brother of the deceased Sharma Choudhary, a class IV employee of the respondent no.6, Canara Bank. According to the writ petitioners the said Sharma Choudhary died on account of the atrocities meted to him being a Scheduled Caste person. The petitioners have, therefore, prayed that the police be directed to register the offence under Section 3(2)(v) read with Section 3(1 )(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act of 1989) read with Section 302 of the Indian Penal Code; that the police be directed that the investigation for the offence be made by a police officer of the rank of the Deputy Superintendent of Police.

3. The petitioner in C.W.J.C. No. 16407 of 2007 is one Ambuj Shanria @ Ambuj Kumar Sharma, an accused in Uphara P.S. Case No. 23/2000 registered for offences -punishable under the Indian Penal Code, Arms Act and under the Act of 1989.

4. The petitioner in C.W.J.C. No. 15490 of 2008 is a person accused in Shahpur P.S. Case No. 141 of 2005 registered for offences punishable under the Indian Penal Code and the Act of 1989.

5. C.W.J.C. No. 18736 of 2008 is filed in public interest by an organization, namely, Dalits Watch through its Secretary, Umesh Kumar Kundan.

6. The impugned Notification has been issued by the State of Bihar in exercise of power conferred by Section 9(1) of the Act of 1989 to authorise the officers of the rank of Police Inspector, Sub Inspector of Police and Assistant Sub Inspector of Police to investigate the cases filed under the Act of 1989 within the State of Bihar with effect from 31st March 1995. The impugned Notification reads as under:

"In exercise of the powers conferred by section 9(1) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (No. 33 of 1989) and having regard to the number of cases filed under this Act, the State Govt, authorises all the officers of the rank of Police Inspector, Sub-inspector of Police and Assistant Sub-Inspector of Police to investigate the cases filed under this Act within the State of Bihar with effect from 31.3.95, the date of coming into force of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Rules, 1995 made under this Act. BY ORDER OF THE GOVERNOR OF BIHAR"

7. The challenge to the Notification is mainly on the ground that the impugned Notification is violative of Section 9 of the Act of 1989 and Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as the Rules). Another limb of the challenge is that the impugned Notification is ultra vires in so far as it is made retrospective with effect from 31st March 1995. The Notification is intended to validate the invalid actions of investigation by an officer below the rank of Deputy Superintendent of Police. It is also submitted that the impugned Notification extends beyond the power conferred upon the State Government to empower any officer of the State Government to exercise the powers of a police officer of arrest, investigation and prosecution of the persons before a special court. The relevant Section 9 of the Act of 1989 and Rule 7 of the Rules read as under:

"Section 9. Conferment of Powers. (1) Notwithstanding anything contained in the Code or in any other provision of this Act, the State Government may, if it considers it necessary or expedient so to do, (a) for the prevention of and for coping with any offence under this Act, or

(b) for any case or class or group of cases under this Act, in any district or part thereof, confer, by Notification in the Official Gazette, on any o