ON A WRIT PETITION FILED BY ONE NAVENDRA KUMAR CHALLENGING AN ORDER BY A SINGLE JUDGE OF THE GAUHATI HIGH COURT IN 2007 ON THE RESOLUTION THROUGH C.B.I. WAS SET UP......THE HONBLE HIGH COURT HELD THAT THE C.B.I. IS NEITHER AN ORGAN NOR A PART OF THE DELHI SPECIAL POLICE ESTABLISHMENT (DSPE) AND THE C.B.I. CANNOT BE TREATED AS A POLICE FORCE CONSTITUTED UNDER THE DSPE ACT,1946. IT FURTHER SAID THE AFOREMENTIONED HOME MINISTRY RESOLUTION WAS NOT THE DECISION OF THE UNION CABINET NOR WERE THESE EXECUTIVE INSTRUCTIONS ASSENTED TO BY THE PRESIDENT. THEREFORE, THE IMPUGNED RESOLUTION .....CAN, AT BEST BE REGARDED AS DEPARTMENTAL INSTRUCTIONS, WHICH CAN NOT BE TERMED AS LAW, THE JUDGEMENT SAID..... AND THUS THE HONBLE GAUHATI HIGH COURT HAS STRUCK DOWN THE RESOLUTION THROUGH WHICH THE CENTRAL BUREAU OF INVESTIGATION WAS SET UP AND HELD ALL ITS ACTIONS AS UNCONSTITUTIONAL......
Posted on: Fri, 08 Nov 2013 18:11:43 +0000
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