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Saturday, December 7, 2013

SC admits CBI appeal against Gauhati HC order

The Supreme Court Friday admitted CBI's appeal against a Gauhati High Court order declaring the agency as "unconstitutional" for want of legal sanctity.

A Bench led by Chief Justice of India P Sathasivam issued notices on CBI's plea to the petitioner and tagged the petition with the appeal filed by the Department of Personnel and Training (DoPT) challenging the November 6 verdict of the High Court.

The court had on November 9 stayed the operation of the Gauhati HC verdict, noting various accused in CBI cases had sought stalling of criminal proceedings based on that judgment.

A Division Bench of the Gauhati HC had on November 6 quashed the April 1, 1963 Resolution constituting the CBI under the Delhi Special Police Establishment (DSPE) Act, 1946 and declared all its actions unconstitutional. It had passed the verdict on a writ petition filed by Navendra Kumar.

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