Published On: Sat, Nov 9th, 2013

Supreme Court stays Gauhati HC’s order terming CBI ‘illegal’

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New Delhi: The Supreme Court on Saturday put a stay order on Gauhati High Court’s verdict which had said the Central Bureau of Investigation (CBI) is illegal.

According to the news reports, next hearing on the case will take place on December 13.

The government today had moved the Supreme Court to contest the Gauhati High Court verdict holding that the CBI is unconstitutional.

The Union of India petition in the Supreme Court today head the case as the centre moved an application for an urgent hearing.

According to a news agency, the Centre has told the apex court that the Gauhati High Court erred in holding that the constitution of CBI was illegal.

The petition by the Department of Personnel and Training (DoPT) said that though it was not a party before the Gauhati High Court, it was “moving the present Special Leave Petition against the impugned judgment due to the large scale ramifications and adverse impact on thousands of criminal cases pending throughout India”.

Hearing the matter at his residence, Chief Justice P Sathasivam stayed the order. Notices were also issued to all parties involved in the case.

After the hearing, the attorney general, GE Vahanvati told journalists claims of the CBI’s “demise” after the high court’s verdict were exaggerated.

The special leave petition settled by Vahanvati, said “if the impugned order is not stayed, it will frustrate the law machinery and may result in multiplicity of proceedings. The order is already being seized upon by various accused persons in various proceedings in the country to seek a stay of further proceedings against them,” the petition drawn by advocate Devadatt Kamat said.

The Centre also contended that the high court had erred in holding that the constitution of CBI was illegal, that the resolution constituting it needed the President’s assent and that it could not be treated as a police force.

A division bench of Gauhati high court had on November 6 quashed the April 1, 1963 resolution constituting CBI under the Delhi Special Police Establishment Act, 1946 and declared all its actions unconstitutional.

The DoPT is the coordinating agency of the Central Government in personnel matters.

Seeking the ex-parte stay of the High Court verdict as an interim relief, the petition said that it (the court order) “directly impacts about 9,000 trials currently underway and about 1,000 investigations which are being investigated by the CBI”.

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