Centre to move SC against Gauhati HC order on CBI by Monday

NEW DELHI: Taken aback by the Gauhati High Court order holding as unconstitutional the setting up of the CBI, Centre said tonight that it would move the Supreme Court as early as Monday next to challenge it.

In a curious judgement, the Gauhati High Court has struck down the resolution through which the Central Bureau Investigation was set up and held all its actions as "unconstitutional".

"The judgement is patently wrong. It is bound to be set aside. We are certainly going to challenge it and the appeal is likely to be filed in the Supreme Court latest by Monday, " Additional Solicitor General P P Malhotra told PTI.

The judgement by the division bench, comprising justices I A Ansari and Indira Shah, came on a writ petition filed by one Navendra Kumar challenging an order by a single judge of the High Court in 2007 on the resolution through which CBI was set up.

Malhotra contended that the government resolution on the formation of the CBI has been held valid by the apex court time and again in a number of judgements.

"We are confident that the Gauhati judgement will also be set aside," he said, adding, "Today evening, I received the copy of the judgement. I am examining it and tomorrow morning I will speak to the concerned ministry. Only after reading it properly, I will be in a position to comment on it in detail".

"We hereby...set aside and quash the impugned Resolution, dated 01.04.1963, whereby CBI has been constituted... We do hold that the CBI is neither an organ nor a part of the Delhi Special Police Establishment (DSPE) and the CBI cannot be treated as a 'police force' constituted under the DSPE Act, 1946," the High Court said.

Malhotra, who appeared for the Centre before the High Court, said the constitutional validity of the Act and the formation of the CBI was also upheld way back in 1970 and the latest was in 2010.

The ASG said the verdict will not affect CBI's functioning. The Supreme Court reopens on Monday after a break for Diwali.