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september 2023

Supreme Court of India · 2023-09-11

C.B.I. vs DR. R.R. KISHORE

Citation / case number
SC 2007/415
Court
Supreme Court of India
Petitioner
C.B.I.
Respondent
DR. R.R. KISHORE
Author
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

Judgment text excerpt

The Supreme Court examined whether the declaration by a Constitution Bench that Section 6A of the DSPE Act was unconstitutional could be applied retrospectively, particularly in relation to Article 20 of the Constitution. The case involved the CBI's investigation into a bribe acceptance under the Prevention of Corruption Act, with the respondent challenging the legality of the investigation based on the alleged unconstitutionality of Section 6A. The court's analysis focused on the retrospective application of constitutional declarations and the protection of rights under Article 20. The judgment clarified the principles governing retrospective effect of constitutional rulings and their impact on ongoing investigations and proceedings.

C.B.I. vs DR. R.R. KISHORE · Niyam