The Supreme Court has stayed Gauhati High court verdict declaring setting up of CBI unconstitutional. This follows the centre challenging the High Court order in the Apex court today. The High court gave the verdict 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 can not 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 was hearing a plea filed by a BSNL employee, questioning the existence of the CBI after the investigation agency filed a case against the employee in 2001. He approached the division bench after a Single Bench of the court rejected his plea.