New Delhi: The Supreme Court on Saturday stayed Gauhati High Court order which termed the Central Bureau of Investigation unconstitutional. Next hearing in the case is on December 6. The apex court said, Gauhati High Court order that decreed that CBI is illegal is invalid. The government had filed an appeal in the Supreme Court against the Gauhati High Court ruling which called the CBI unconstitutional. The Centre has sought a stay on the order and has urged for an urgent hearing of its petition. The Centre is said to have told the Supreme Court that the Gauhati High Court erred in holding that the constitution of CBI was illegal. It also added that the verdict would have widespread ramifications as it would directly have an impact on 9,000 trials and 1,000 investigations which are being conducted by the CBI. The move by the Centre comes after Minister of State for PMO V Narayanaswamy met Prime Minister Manmohan Singh and Union Law Minister Kapil Sibal to discuss the issue on Friday. Narayanswamy along with the Minister of Department of Personnel and Training (DoPT) had also met CBI Director Ranjit Sinha and law officials on Friday. Prominent leaders who are under the CBI radar for their role in Coalgate, 2G scam and 1984 anti-Sikh riots have appealed to the respective trial courts to put a stop on their cases citing the High Court order passed on Thursday. Hoping to cash in on the ruling, former Telecom minister A Raja and other accused in the 2G scam on Friday pushed for a stay on the proceedings of the case in a Delhi court. Before we proceed today I want to mention that the nation today woke up with banner headlines in newspapers that the CBI is not police. Meanwhile, the government and the CBI have maintained that the order will not have any repercussions on the existing CBI cases. The Centre had said that it will appeal in the Supreme Court against the order. The judgement is patently wrong. It is bound to be set aside. We are certainly going to challenge it, Additional Solicitor General PP Malhotra had said. He contended that the government resolution on the formation of the CBI has been held valid by the apex court time and again in a number of judgements. The Gauhati High Court judgement by the division bench comprising Justices IA Ansari and Indira Shah on Thursday, came on a writ petition filed by Navendra Kumar challenging an order by a single judge of the High Court in 2007 on the resolution through which CBI was set up.
Posted on: Sat, 09 Nov 2013 17:52:11 +0000
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