The Center today moved the Supreme Court against the Gauhati High Court verdict holding setting up of Central Bureau of Investigation, CBI, as unconstitutional. The Center also filed an application seeking stay on the High Court order and an urgent hearing of its petition.
The Centre said, the HC verdict would directly impact 9,000 trials and 1,000 investigations which are being done by CBI. It said, Gauhati HC verdict would have widespread ramifications and sought immediate stay on the judgement.
The CJI will hear the matter at his residence at 4:30 PM.
Meanwhile, a caveat has also been filed by Navendra Kumar, on whose petition the Gauhati High Court ruling had come, that he be heard before any order is passed on the Center’s plea.
The Gauhati High Court had ruled on Wednesday that the formation of Central Bureau of Investigation is invalid, as it was constituted through a government resolution. The court observed that an investigation agency couldn’t be formed without legislation and therefore, the CBI cannot be considered as an investigation agency. The bench comprising Justice Iqbal Ahamad Ansari and Indira Shah 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.