SC issues notice on CBI plea against Gauhati High Court verdict

The Supreme Court Friday issued notice to the central government on a plea by the CBI challenging the Gauhati High Court verdict holding the agency unconstitutional after quashing the April 1, 1963 home ministry resolution setting it up under the Delhi Special Police Establishment Act.

Issuing the notice, a bench of Chief Justice P.Sathasivam, Justice Ranjana Prakash Desai and Justice Ranjan Gogoi tagged it with an earlier petition by the department of personnel and training (DoPT) by which the apex court had stayed the operation of the high court order.

Solicitor General Mohan Prasaran appeared for the Central Bureau of Investigation (CBI).

The apex court had Nov 9 stayed the operation of the Nov 6 high court order, following a hearing at the residence of Chief Justice Sathasivam.

Notice has also been issued to Navendra Kumar on whose petition the high court had quashed the 1963 resolution, pulling the rug under the agency.

The CBI in its petition told the court that in 1961, then Prime Minister Jawaharal Nehru initiated steps for the restructuring of the intelligence and police organizations. The deliberations were led by then Home Minister Lal Bahadur Shastri and Intelligence Bureau and Special Police Establishment gave its inputs.

As a culmination of this exercise, the home ministry April 1, 1963, issued a resolution constituting the CBI under Delhi Special Police Establishment Act, 1946.

Listing the 21 prominent cases that it had investigated since its inception starting with then Jan Sangh leader Deen Dayal Upadhyay murder case, to L.N.Mishra murder case, the Bhopal Gas Tragedy case, Tipu Sultan's sword and antiquities theft case, Rajiv Gandhi assassination case, Satyam scam Case, 2G Spectrum scam case, Coal block scam Case, IC 814 Aircraft hijacking case, CBI told the court that in last nine years, the apex court alone has referred about 100 cases to it and high courts, another 1,040 cases.

The CBI also said that it has been designated by the International Criminal Police Organisation (Interpol) as the National Central Bureau and acts as a nodal agency for the state police forces throughout the country, for contact with the Interpol and other police agencies throughout the world.

Seeking the ex-parte stay of the high court verdict, the investigating agency told the court that it had the staff strength of 6,000 people - all of whom are engaged in investigation and prosecution of various cases.

The agency told the court that even the apex court by its several pronouncements had held that the CBI is constituted under Delhi Special Police Establishment Act, 1946.