NEW DELHI, Nov 8:
Stung by Gauhati High Court verdict that CBI is unconstitutional, Government today said it will challenge the judgement in the Supreme Court on Monday and seek an urgent stay since it will affect the functioning of the premier central probe agency.
The curious and unprecedented judgement in which the 1963 resolution—by which the Central Bureau of Investigation was set up—was struck down was described by Additional Solicitor General P P Malhotra as patently wrong. The court yesterday had held that all the actions of CBI were “unconstitutional”.
“…The DoPT intends to file an appeal. So an appeal will be filed against the order (in the Supreme Court),” Law Minister Kapil Sibal told reporters.
DoPT is the administrative ministry for CBI, Sibal said, adding it has discussed the issue with him and that it was decided to file an appeal.
Minister of State for Personnel V Narayanasamy met Prime Minister Dr Manmohan Singh apparently to discuss the fallout of the verdict. He said the Government will challenge the verdict in the Supreme Court and seek a stay.
“Definitely, we will have to (file appeal against HC order). We will move the Supreme Court on Monday challenging the Gauhati High Court order,” he told reporters.
“We will tell the Supreme Court that the CBI was set up under a resolution in 1963 and it has been there for last 50 years. So, it should be allowed to continue.
“We will seek a stay of the operation of the order. CBI is handling a lot of sensitive cases. It (order) will affect the functioning of CBI,” Narayanasamy said.
CBI Director Ranjit Sinha said the agency was looking into the matter.
“We are studying the order of the Gauhati High Court and will submit our opinion to Department of Personnel and Training. We are definitely seeking an urgent action on the situation,” he said.
Officials of the agency said they were awaiting a certified copy of the court’s order.
“Once it is received, it will be examined and appropriate steps will be taken,” the agency said in a statement.
“We hereby…Set aside and quash the impugned Resolution, dated 01.04.1963, whereby CBI has been constituted… We do hold that the CBI is neither an organ nor a part of the Delhi Special Police Establishment (DSPE) and the CBI cannot be treated as a ‘police force’ constituted under the DSPE Act, 1946,” the High Court had said.
Malhotra, who appeared for the Centre before the High Court, said the constitutional validity of the Act and the formation of the CBI were also upheld way back in 1970 and the latest was in 2010.
The ASG said the verdict will not affect CBI’s functioning. The Supreme Court reopens on Monday after Diwali recess.
“All I can say at this stage is so far I was only concerned about the functioning of CBI which was politically motivated. That there is an argument of illegitimacy has come to me as a surprise,” BJP’s lawyer-turned-politician Arun Jaitley said.
Former CBI Director Joginder Singh said a final view on the CBI issue will have to be taken by the Supreme Court. (PTI)
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