SC stays Gauhati HC verdict terming CBI as 'unconstitutional'

In a huge relief to the Centre and the CBI, the Supreme Court today stayed the Gauhati High court verdict declaring the agency as "unconstitutional", saying accused in "sensational cases" have sought halting of the criminal proceedings based on that judgement.
The apex court relief came on an urgent petition filed by the Department of Personnel and Training, the nodal ministry for CBI, from a bench headed by Chief Justice P Sathasivam, which heard the appeal at an extraordinary hearing in his residence.
"In the meantime, there shall be a stay of operation of the final judgement and the impugned order dated November 6, 2013 passed by the Gauhati High Court," said the bench also comprising Justice Ranjana Prakash Desai.

It rejected the objections raised by the counsel for Navendra Kumar, on whose petition the High Court had passed the verdict, that DoPT was not authorised to file the Special Leave Petition as it was not a party in the High Court.
"Respondent 1 (Kumar) is permitted to raise all objections in his proposed reply," the bench said in its order asking his lawyer L S Chaudhary, who accepted the notice, to file it within two weeks after which the Centre will respond with its rejoinder.
Posting the matter for hearing on December 6, the bench rejected the contention of Kumar's lawyer that the Centre's plea is a "collusive petition" as, instead of the CBI and the Ministry of Home Affairs, it has been filed by the DoPT which was not a party in the High Court.