Millennium Post

SC stays Gauhati HC verdict holding CBI unconstitutional

An apex court bench of Chief Justice P Sathasivam and Justice Ranjana Prakash Desai while staying the high court order after a 19-minute-long hearing at the former’s residence Saturday evening said: ‘We have to stay the order. You have read today’s (Saturday’s) newspapers. Two people accused in sensational cases are seeking stay of their trial. What will happen?’ The court observation came as counsel L.S. Chaudhary appearing for Narendra Kumar sought the dismissal of the petition as it was being filed by the Department of Personnel and Training (DoPT) which was not a party to the proceedings before the high court.

The court said: ‘We can’t dismiss it... CBI too is filing a petition challenging the high court order. We are not rejecting your objections. You file your objections. Your objections will be considered at an appropriate time.’

‘We want to know whether you read today’s newspapers. Within a day, two of the accused in sensational cases they prayed for stay of the trial,’ the court told Chaudhary. The order came after Attorney General GE Vahanvati faulted the high court verdict, saying the court ‘asked wrong questions, preceded on wrong premises and gave wrong answers’. The attorney general told the court that the ‘order has far reaching consequences. It has been passed on a completely wrong premise’. ‘They (the high court) proceeded on the basis that the source for setting up the CBI was not there in the statute. And that it was done by a mere executive order.’

‘The court says as far as CBI is concerned it is not constituted by any statute but set up by an executive order. This is a case which requires court’s consideration,’ the attorney general told the court.
Next Story
Share it