JUDGMENT

Uday Umesh Lalit, J.

WRIT PETITION (CRL.) NO.48 OF 2014

1. This Writ Petition has been placed before the Constitution Bench pursuant to reference made by a Bench of three learned Judges of this Court in its order dated 25.04.2014, 2014(11) SCC 1, hereinafter referred to as the Referral Order.

Background Facts:-

2. On the night of 21.05.1991 Rajiv Gandhi, former Prime Minister of India was assassinated by a human bomb at Sriperumbudur in Tamil Nadu. With him fifteen persons including nine policemen died and forty three persons suffered injuries. Crime No.329 of 1991 of Sriperumbudur Police Station was immediately registered. On 22.05.1991 a notification was issued by the Governor of Tamil Nadu under Section 6 of Delhi Special Police Establishment Act (Act No.25 of 1946) according consent to the extension of the powers and jurisdiction of the members of the Delhi Police Establishment to the whole of the State of Tamil Nadu for the investigation of the offences in relation to Crime No.329 of 1991. This was followed by a notification issued by the Government of India on 23.05.1991 under Section 5 read with Section 6 of Act No.25 of 1946 extending such powers and jurisdiction t