Govt moves Supreme Court over Gauhati HC order on CBI

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New Delhi, Nov 9: The Centre on Saturday moved the Supreme Court seeking a stay order on the verdict given by the Gauhati High Court on the Central Bureau of Investigation (CBI) earlier this week. The court said that the CBI was not set up legally and had no authority to probe, arrest and file chargesheet. It was said that Delhi Special Police Establishment (DSPE) Act did not support the its existence.

On Friday, minister of state for personnel V Narayanasamy met attorney general GE Vahanavati to assess the legality of the judgment and it was decided that the apex court will be moved on this matter. According to sources, the Centre will urge the Supreme Court to stay the operation of the HC order immediately to ensure that the CBI's functioning is not crippled.

The attorney general reportedly told the government that the high court made an error in giving such a verdict. It is for the Centre's lawyers now to get the appeal ready in time. They feel Section 2 of the DSPE Act served as a source of authority to the premier investigation agency to function like a police organisation and gives it power to act like a state police authority under the Criminal Procedure Code.

The Gauhati High Court, on the other hand, stressed on a 1963 resolution of the home ministry and concluded that it is legally inadequate for it did not get the assent of the President ever. It also said that the DSPE Act nowhere mentions about an organisation called CBI.

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