https://www.taxtmi.com/caselaws?id=462017 Section 6A of the Delhi Special Police Establishment Act was treated as a procedural pre-investigation safeguard for specified public servants, because it neither created an offence nor altered punishment; Article 20(1) therefore did not apply. The provision's unconstitutionality under Part III was held to render it void ab initio, since a post-Constitution law struck down for constitutional invalidity does not survive from its insertion unless prospective overruling is expressly applied. The declaration was accordingly given retrospective effect, and Section 6A was treated as not in force from inception. en-us Mon, 11 Sep 2023 00:00:00 +0530 Thu, 15 May 2025 11:28:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462017 Section 6A of the Delhi Special Police Establishment Act was treated as a procedural pre-investigation safeguard for specified public servants, because it neither created an offence nor altered punishment; Article 20(1) therefore did not apply. The provision's unconstitutionality under Part III was held to render it void ab initio, since a post-Constitution law struck down for constitutional invalidity does not survive from its insertion unless prospective overruling is expressly applied. The declaration was accordingly given retrospective effect, and Section 6A was treated as not in force from inception. Case-Laws Indian Laws Mon, 11 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462017