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Satish K. Agnihotri, CJ
Kunga Nima Lepcha – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. historical timeline of consent granted to dspe in sikkim. (Para 1 , 2 , 3 , 4 , 5) |
| 2. parties' contentions regarding the validity of withdrawing general consent for investigation. (Para 6 , 7 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. constitutionality and statutory power of states to withhold or withdraw consent for dspe investigation. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
J U D G M E N T
(06.10.2017)
Satish K. Agnihotri, CJ
Questioning the validity and constitutionality of provisions of Section 6 of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as 5DSPE Act6), as being ultra vires and violative of Article 14 of the Constitution of India, the instant petition is filed. The petitioners have also sought quashment of the notification No. 70/HOME/2010 dated 21st July 2010 (Annexure P-10) whereby and whereunder the general consent granted earlier was withdrawn prescribing that the prior consent in respect of public servants employed in connection with the affairs of the Government of Sikkim and persons employed in connection with the affairs of any authority subject to the control of the Government
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