Existence of CBI invalid, rules HC
8 Nov 2013 12:20 AM GMT
According to a agency report, the bench comprising Justice Iqbal Ahamad Ansari and Indira Shah on Wednesday pronounced the verdict while hearing a plea filed by a BSNL employee, questioning the existence of the CBI after the investigation agency filed a case against the BSNL employee in 2001. He approached the division bench after a Single Bench of the court rejected his plea.
The division bench declared the creation of the CBI through the resolution, which was signed by then secretary to the Union government V Viswanathan, as ultra vires. The court also set aside the impugned resolution. As a result of that, from Thursday, the CBI has ceased to be a constitutionally valid police force empowered to investigate crimes and all CBI cases have become void ab initio.
The court was of the view that a police force with powers to investigate crime cannot be constituted by merely issuing an executive order. For that purpose, an act shall have to be passed by the legislature, it added. Senior CBI officials have expressed shock over the order as many CBI cases are being monitored by the Supreme Court at present and several high courts often ask the country’s investigative agency to probe cases.
The division bench declared the creation of the CBI through the resolution, which was signed by then secretary to the Union government V Viswanathan, as ultra vires. The court also set aside the impugned resolution. As a result of that, from Thursday, the CBI has ceased to be a constitutionally valid police force empowered to investigate crimes and all CBI cases have become void ab initio.
The court was of the view that a police force with powers to investigate crime cannot be constituted by merely issuing an executive order. For that purpose, an act shall have to be passed by the legislature, it added. Senior CBI officials have expressed shock over the order as many CBI cases are being monitored by the Supreme Court at present and several high courts often ask the country’s investigative agency to probe cases.
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