CBI is unconstitutional body: HC
posted on Nov 9, 2013 @ 2:36PM
Supreme Court says CBI is a caged parrot that has many masters. But, Gauhati High Court opines it is not even a constitutional body to do policing.
The Gauhati High Court’s verdict of not recognizing CBI as constitutional set-up made the Centre runs from pillar to post during last two days. It made its legal team work over time to prepare a note for filing petition before Saturday evening.
A division bench of comprising justices I A Ansari and Indira Shah of Gauhati High Court has declared that CBI is not entitled to investigate or file FIRs against anyone as it is not a constitutional body.
It states, "We hereby...set aside and quash the impugned Resolution, dated 01.04.1963, whereby CBI has been constituted.... We do hold that the CBI is neither an organ nor a part of the Delhi Special Police Establishment (DSPE) and the CBI cannot be treated as a 'police force' constituted under the DSPE Act, 1946," the court had said.
This is going to affect the 9000 cases being handled by CBI and 1000 cases that are in the investigating stage. So, UPA government has rushed to Supreme Court seeking a stay order on Gauhati High Court’s orders. The Chief justice has given appointment to Centre for hearing its arguments at 4.30 pm on Saturday at his home.