Published on: 11 September 2023 at 11:07 IST
Court: High Court of Delhi
Citation: R.R. Kishore (Dr.) v. C.B.I. (2006)
Honourable High Court of Delhi has held that Section 6A(2) of the Delhi Special Police Establishment Act, 1946 gives the power to the Central Bureau of Investigation to arrest of a person involved on the charge of “on the spot” accepting or attempting to accept the bribe. The definition of “On The Spot” is Sine Qua Non for the arrest.
17. At that stage the question of applicability of Section 6A(2) had not arisen. Therefore, the initiation and conduct of investigation on and from 2 p.m. on 16.12.2004 was in contravention of the provisions of Section 6(A)(1). To make the position absolutely clear, an examination of the provisions of Section 6A(2) would be necessary.
Section 6A(2) is non obstante the provisions of Section 6A(1). There is no doubt about it. But, it is triggered only in respect of cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other than legal remuneration referred to in Clause (c) of the Explanation to Section 7 of the Prevention of Corruption Act, 1988.
A bribe is without any manner of doubt a gratification which is other than legal remuneration as referred to above. Therefore, section 6A(2) would be applicable in cases involving the arrest of a person on the spot on the charge of accepting or attempting to accept a bribe. At 2 p.m. on 16.12.2004 there was no question of the arrest of the petitioner “on the spot” on the charge of accepting or attempting to accept the bribe.
The basic ingredient of arrest on the spot was missing. Consequently, at that stage, Section 6A(2) did not apply and, therefore, the requirement of prior approval stipulated in Section 6A(1) was not diluted or dispensed with.
Drafted By Abhijit Mishra