Supreme Court stays the Gauhati High court order on CBI
The apex court stayed the order of the Gauhati High Court on CBI, which declares the formation of CBI unconstitutional and quashed the 1963 executive order under which the CBI was formed. The Court issued notice to parties. Next hearing will be on 6th December
Attorney General Gulam .E.Vahanvati filed the petition on behalf of the government seeking urgent hearing over the petition .The hearing was conducted at the residence of Chief Justice of India
The centre in their petition submitted that the order of the high court is erroneous and contended that the high court has erred in holding that the constitution of the CBI was illegal. The Gauhati HC has failed to appreciate the validity of the Delhi Special Police Establishment Act (DSPE), which has been upheld by the Hon’ble Supreme Court in series of cases .The CBI, set up under the DSPE Act, could not be said to be lacking constitutional validity.
The centre further contended that the order directed by the Gauhati High Court will directly affect over 9000 trials and 1000 investigations conducted by CBI. The Honorable Chief Justice after hearing the matter stayed the order of the Gauhati High Court.
On Thursday A Division Bench of Justices Iqbal Ahmed Ansari and Indira Shah in Navendra Kumar v. Union of India Writ Appeal ;119/2008 said “The resolution number 4/31/61-T dated 1/4/1963 issued by secretary to the Government of India, V. Viswanathan, constituting the CBI is ultra vires. The CBI is neither an organ nor part of the Delhi Special Police Establishment Act and the CBI can’t be treated as a police force constituted under the Act”.( http://www.livelaw.in/guwahati-high-court-says-cbi-formation-is-ultra-vires/)
After the judgment delivered by Gauhati High Court 2G scam accused former telecom minister A.Raja moved to Delhi court seeking stay on the proceedings over the case. On the wake of the judgment congress leader Sajjan Kumar also sought to declare the charge sheets filed against him and the probe as “illegal” after the judgment.
The decision of the Gauhati HC laid far reaching implications in many high profile cases which are prosecuted by CBI such as the 2G, Commonwealth Games and Coalgate scams