Guwahati HC Says CBI is Illegal In a significant ruling, the Gauhati high court has declared the Central Bureau of Investigation (CBI), the countrys premier investigating agency, an illegal entity on the grounds that it has not been created by law. Any organisation whose functions curtail personal liberty, through means such as arrest, has to be set up through a legislation, it said. The CBI, which functions under the Delhi Special Police Establishment Act (DSPE) 1946, was created by a home ministry resolution on April 1, 1963. The verdict has far-reaching implications for high-profile cases such as the 2G, Commonwealth Games and Coalgate scams being probed/prosecuted by the CBI. Acting on a petition filed by a BSNL employee, Navendra Kumar, who was being prosecuted by the CBI in a corruption case, justice Iqbal Ahmed and justice Indira Shah said, ...we do hold 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, 1946.
Posted on: Fri, 08 Nov 2013 10:44:16 +0000
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