GAUHATI HIGH COURT DECLARES CBI ILLEGAL

Gauhati High Court declares India’s premier investigation agency, the Central Bureau of Investigation(C.B.I), as unconstitutional on 6th November, 2013.  But honorable Supreme Court stays the
order on Gauhati High Court’s declaration of entitling C.B.I as unconstitutional on Saturday which gave some relief to the CBI & Central Government both. UPA Govt. has already filed a case challenging GC's declaration.

C.B.I was created by a home ministry resolution on 1st April, 1963 and it functions under Delhi Special Police Establishment Act (DSPE) 1946.  

“The judgment is patently wrong. It should be set aside. We are certainly going to challenge it and the appeal is likely to be filled in the SC” said additional solicitor general PP Malhotra (source-HINDUSTAN TIME).

The petition was filed by Attorney General Golam E Vahanvati on behalf of the Govt. of India seeking urgent hearing over the petition. The hearing was conducted at the residence of the Chief Justice of India.  The apex court relief came on a urgent petition filed by the Department of Personnel and Training , the nodal ministry of C.B.I. from a bench headed by the Chief Justice P. Sathasivam and the bench also comprising  Ranjana Prakash Desai. The bench rejected the objection raised by the counsel of Navendra Kumar on whose petition the Gauhati High Court has passed the order. While staying the high court’s order after 19 minutes long hearing Desai said “we have to stay the order. You read today’s (Saturday) newspaper. Two people accused in sensational cases are seeking stay in their trail. What will happen?”

“The C.B.I has been functioning effectively and a staff of about 6000 people all of whom are engaged in investigation and prosecution of various cases… it is absolutely necessary in the interest of justice and convenience that immediate ad-interim orders to be granted staying the said judgment” the centre petition in the top court said.” (Source NDTV)

In its petition the centre contended that high court’s order would adversely impact in thousand of criminal cases pending all over the country. The petition also said that if the high court order was not stayed “it will frustrate the law machinery and may result in multiplicity in proceeding”

However the final hearing will take place on December 6, 2013.

The centre remarked that “the order is already being seized upon by various accused person in various proceedings against them”. The centre further contented the order will directly affect over 9000 trials and 1000 investigation.

After the verdict delivered by Gauhati High Court, 2G scam accused former telecom minister went to Delhi court seeking stay on the proceedings over the case and former congress leader Sajjan Kumar also sought to declare the charge sheet filed against him as legal after the judgement.