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No. 70/HOME/2010 dated 21^st July 2010 (Annexure P-10) whereby and whereunder the general consent granted earlier was withdrawn prescribing that the prior consent in respect of public servants employed in connection with the affairs of the Government of Sikkim and persons employed in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 of Sikkim or any corporation, company or bank owned or controlled by the Government of Sikkim in offences referred thereto, is required for the investigation of any such offence by the Delhi Special Police Establishment (hereinafter referred to as 5DSPE6). The petitioners are stated to be the residents of Sikkim and some petitioners are people8s representative and Members of Legislative Assembly. During currency of the petition, the ori