Gauhati HC Rules CBI 'Unconstitutional' can't investigate Crimes Friday Nov 08,2013

The Gauhati High Court has struck down the resolution through which the Central Bureau of Investigation was set up and held all its actions as "unconstitutional"

The Gauhati High Court,however, said quashing of the proceedings that are pending in the CBI court would not be a bar to any further investigation by police having jurisdiction over the subject-matter.

The judgement by the division bench, comprising justices I A Ansari and Indira Shah, came on a writ petition filed by one Navendra Kumar(MTNL Employee) challenging an order by a single judge of the high court in 2007 on the resolution through which CBI was set up
"We hereby...set aside and quash the impugned Resolution, dated April 1, 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 court said. It further said the aforementioned home ministry resolution was "not the decision of the Union Cabinet nor were these executive instructions assented to by the President". "Therefore, the impugned Resolution...can, at best, be regarded as departmental instructions, which cannot be termed as 'law',"

The Gauhati High Court said the union home ministry order under which the CBI was set up in 1963 was invalid as police investigations are under the state's purview.  The court said the Centre had failed to prove that the CBI had been constituted as a special police force under the Delhi Special Police Establishment Act of 1946, from which it derives its powers to investigate

The Gauhati High Court then set aside and quashed the chargesheet, submitted by CBI, against Kumar, along with the trial. Further, the court said - "The actions of the CBI

• in registering a case 
• arresting a person as an offender
• conducting search and seizure
• prosecuting an accused etc.

offend Article 21 of the Constitution and are, therefore, liable to be struck down as unconstitutional."