SPECIAL POLICE ESTABLISHMENT versus KAMTA PRASAD MISHRA AND OTHERS

Issue for consideration

Issue arose whether the Special Police Establishment-SPE as constituted u/s.2(1) of the Madhya Pradesh Special Police Establishment Act, 1947 for investigating offences specified by the State Government u/s.3 of the Act of 1947 entitled to exemption from Act of 2005 by virtue of s.24(4) thereof, on the ground that it is an ‘intelligence and security’ organisation; and whether the Notification dated 25.08.2011 provides for a matter beyond the parent legislation or whether it is intra vires s.24(4) of the Act of 2005.