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CBI Unconstitutional: High Court, Govt Moves Apex Court

PUBLISHED BY: SURENDER KUMAR
NOVEMBER 08, 2013

   
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In a significant judgement with far-reaching implications, the Gauhati High Court has quashed down the resolution through which the Central Bureau of Investigation was set up and has also held all its actions as "unconstitutional". The judgement came on a writ petition challenging a 2007 High Court order on the resolution through which CBI had been set up.


 

 

The Court, in its order, held that the CBI is neither an organ nor a part of the Delhi Special Police Establishment (DSPE) and that it cannot be treated as a 'police force' under the DSPE Act, 1946. It further said that the resolution was not passed by the Union Cabinet nor was it issued after instructions assented to by the President. It can, at best, be regarded as departmental instructions, which cannot be called 'law'. Setting aside the formation of the CBI, the court further said that its actions in registering a case, arresting a person, conducting search, prosecuting an accused etc. violate Article 21 of the Constitution and are, therefore, liable to be struck down as unconstitutional.

 

 

 

The Central Government has already challenged this order in the Supreme Court.





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