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2008 Supreme(Del) 747

VIKRAMAJIT SEN, RAJIV SAHAI ENDLAW
N. G. SHETH – Appellant
Versus
C. B. I. – Respondent


Advocates Appeared:
Mr.Siddhartha Luthra, Sr. Adv. with Ms.Arundhati Katju, Mr. P.K. Dubey and Mr.Anurag Ahluwalia, Advocates versus
Mr.Harish Gulati, Adv.for CBI/R-1 Mr.P.P.Malhotra, Ld. ASG with Mr.Chetan Chawla and Mr. Ashwani Bhardwaj, Advocates for R-2.

JUDGMENT

VIKRAMAJIT SEN, J.

1. The legal nodus which has arisen in these writ petitions concerns the interpretation of Section 13 of the Official Secrets Act, 1923 (OS Act for short), read in conjunction with sundry sections of the Criminal Procedure Code, 1973 (CrPC hereafter). Vide Gazette Notification dated 6.3.1998 the Central Government, in exercise of powers conferred upon it by Section 13(1) of the OS Act, empowered the Chief Metropolitan Magistrate (CMM), Delhi to try offences punishable under this statute. In terms of Notification dated 21.6.2006 of the Ministry of Home Affairs the Central Government rescinded the earlier Notification dated 6.3.1998 thereby withdrawing the special empowerment of the CMM under the OS Act in this regard. Predicated on the decision of the Delhi High Court on the Administrative side the Registrar General, Delhi High Court addressed a letter No.28088/G-3/OS Act/Gaz/06 dated 7.12.2006 to the District and Sessions Judge, Delhi directing that all the cases pending under the OS Act be withdrawn from the Court of the CMM and be assigned to the Special/Sessions Judges. It is this administrative decision of the Delhi High Court that has been challenged






































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