In the wake of the Gauhati High Court’s decision to quash the Union Home Ministry resolution by which the CBI was constituted way back in 1963, the agency has decided to seek a legal opinion.
“We are taking a legal opinion on the Guwahati High Court order and thereafter will move the Department of Personnel and Training for taking appropriate action in the Apex Court,” said CBI spokesperson Kanchan Prasad in New Delhi on Friday.
The High Court held that the CBI was neither an organ nor part of the Delhi Special Police Establishment and therefore, could not be treated as a “police force” constituted under the DSPE Act.
In their 89-page judgment, Justices I.A. Ansari and Indira Shah said: “While we decline to hold and declare that the DSPE Act, 1946 is not a valid piece of legislation, we do hold that the CBI is neither an organ nor part of the DSPE and the CBI cannot be treated as a police force constituted under the DSPE Act, 1946.”
“We are taking a legal opinion on the Guwahati High Court order and thereafter will move the Department of Personnel and Training for taking appropriate action in the Apex Court,” said CBI spokesperson Kanchan Prasad in New Delhi on Friday.
The High Court held that the CBI was neither an organ nor part of the Delhi Special Police Establishment and therefore, could not be treated as a “police force” constituted under the DSPE Act.
In their 89-page judgment, Justices I.A. Ansari and Indira Shah said: “While we decline to hold and declare that the DSPE Act, 1946 is not a valid piece of legislation, we do hold that the CBI is neither an organ nor part of the DSPE and the CBI cannot be treated as a police force constituted under the DSPE Act, 1946.”
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