HC's verdict on CBI will have disastrous implications: Experts

The ripple effects of Gauhati High Court's ruling holding as "unconstitutional" the setting up of the CBI was today felt in criminal courts here and legal experts expressed apprehension about "disastrous" implications of the verdict.

While DMK MP A Raja and senior Congress leader Sajjan Kumar raked up the issue to stall criminal proceedings lodged against them before separate CBI courts here, noted jurists were of the view that the controversial judgement will come handy for high profile accused in other cases as the "gates of prisons will be left open" and convicts in CBI cases will be let "scot-free".

Raja and top corporate executives sought stay of the trial in the 2G spectrum case, which was investigated by CBI, while Sajjan Kumar sought to declare as "illegal" the probe and charge sheets filed by agency in a 1984 anti Sikh riots case against him.

The legal experts said till the decision is stayed by the Supreme Court, CBI would not be in a position to register fresh cases or make any arrest and all the pending cases would become "illegal".

Further, convictions in CBI cases since its inception would become "void", they said.

Senior advocate K T S Tulsi said till the ruling is stayed or set aside, "the CBI will not be able to make any search or conduct any arrests or investigate any matter".

His view was shared by former Additional Solicitor General Mukul Rohatgi who said, "CBI cannot do anything" unless Centre moves the apex court and the verdict is stayed.

"As of today, CBI cannot register any case, it cannot interrogate anyone. Whomsoever they have arrested will have a right to go to court and seek release, in the present situation," said Rohatgi, who is representing several corporate executives in the 2G case and other high profile matters.