Government moves SC on Gauhati HC ruling on CBI

Gauhati HC passed a verdict holding the CBI as an unconstitutional body

The union government Saturday moved the Supreme Court, contesting the Gauhati High Court's verdict holding the CBI unconstitutional.

The Gauhati court quashed the 1963 home ministry resolution, setting up the Central Bureau of Investigation (CBI) under the Delhi Special Police Establishment Act.

The hearing is likely to take place Saturday evening itself as the centre moved an application for an urgent hearing.
 

 

Attorney General G.E. Vahanvati is expected to mention the matter before Chief Justice P. Sathasivam at his residence.

The high court in its Nov 6 verdict had said the CBI was neither an organ nor a part of the Delhi Special Police Establishment Act.

 

"... while we decline to hold and declare that the DSPE Act, 1946, is not a valid piece of legislation, we do hold that the CBI is neither an organ nor a part of the DSPE Act... and the CBI cannot be treated as a 'police force' constituted under the DSPE Act, 1946."

Having held that the CBI was not a police force constituted under the DSPE Act,the court quashed the April 1, 1963 resolution of the home ministry for constituting the investigating agency.

"We hereby also set aside and quash the impugned Resolution, dated 01.04.1963, whereby CBI has been constituted," the high court ruling said.