Cbi Unconstitutional Anta

[paampachak]

New Delhi:  The Centre is likely to challenge an unprecedented court order that says that the Central Bureau of Investigation or CBI is 'unconstitutional' and does not have powers to investigate crimes.

The government's main investigating agency stands to lose its powers to probe, file FIRs or First Information Reports, arrest suspects and file charge-sheets after the Gauhati High Court on Wednesday said the CBI cannot be treated as a police force, it can only inquire.

The high court struck down a home ministry order under which the CBI was set up in 1963 and said the 50-year-old resolution was not produced before the President and never received his assent, so it could not be treated as an executive order.

The CBI was set up as a 'police force' under the Delhi Special Police Establishment Act of 1946. In an 89-page judgement, the court said the home ministry order was invalid as police is a state subject. The CBI is neither an organ, nor a part of the Delhi Special Police Establishment, the judges held. 

This could have an impact on several high profile cases like the coal allocation scam and the 2G spectrum scam, in which the Supreme Court had asked the CBI for regular probe status reports. 

Legal experts point out that the Supreme Court has, in several judgments, validated the CBI and its authority to investigate cases.

In 2010, the top court had ruled that courts can order a CBI probe without the consent of the states.

The CBI is seeking legal opinion on whether the order will have a bearing on all its cases.

The Gauhati High Court acted on a petition by a Mahanagar Telephone Nigam employee who had challenged a CBI charge-sheet against him. The court struck down the charge-sheet and said the alleged offence could be investigated afresh by the regular state police. The order, however, could deem all charge-sheets filed by the CBI invalid.

[worstandhra]

Oh my God. I misunderstood the verdict. Actually what the HC said is NOT that CBI is a trash and needs to be scrapped. What actually HC meant is that CBI is not formed constitutionally.
It wont have too much impact on cases like 2G scam and Jagans case but just that CBI is to be fulfilled a legal obligation- full approval from the otherwise dummy President of India.

[dreamgirl]

:3D_Smiles: