In a startling decision which has ramifications for sensitive - TopicsExpress

In a startling decision which has ramifications for sensitive cases, the Gauhati high court has ruled that the Central Bureau of Investigation (CBI) was legally not a police force and stripped it of its powers to investigate crimes, arrest suspects and file charge-sheets. The ministry of home affairs (MHA) had, by a resolution dated April 1, 1963, constituted the CBI as a police force under the Delhi Special Police Establishment (DSPE) Act, 1946. The CBI had drawn its powers to investigate cases from the DSPE Act. A division bench of the high court comprising Justice IA Ansari and Justice Indira Shah on Wednesday upheld the constitutional validity of DSPE Act but held that the CBI is neither an organ nor a part of the DSPE and the CBI cannot be treated as a police force constituted under the DSPE Act.

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