Solicitor General (SG) Tushar Mehta, appearing for the Central government, had submitted that Article 20 does not apply to procedural provisions.
Senior Advocate Arvind Datar, appearing for the accused (one RR Kishore), argued that Section 6A of the DSPE Act had been an immunity not just from conviction but also from investigation, and that such procedural safeguards are part of Article 20.
He added that after a provision is struck down, the Court must specify as to how it would take effect with respect to being prospective or retrospective.
During the course of the hearings, Justice Kaul had earlier suggested that perhaps the courts can clarify this aspect as and when needed.
Additional Solicitor General (ASG) SV Raju, appearing for the CBI, stated that Section 6A had not been an immunity against trial, which can commence without sanction.
Source: Barandbench
