In Brief
The Central Bureau of Investigation appealed against a Delhi High Court decision that granted immunity to an accused officer under Section 6A(1) of the Delhi Special Police Establishment Act, 1946. That section exempts high-ranking government officers from CBI investigation without Central Government approval. A Constitution Bench had previously held the section unconstitutional, but left unclear whether this operated retrospectively. The Supreme Court declined to decide the appeal, instead referring to a larger Constitution Bench the fundamental question of whether Article 20 of the Constitution protects only non-retrospectivity of criminal law, or also safeguards substantive rights and immunities an accused possessed when committing the alleged offence.
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