Gauhati HC quashes 1963 resolution that set up CBI

“We hold that CBI is neither an organ nor a part of the DSPE and that the CBI cannot be treated as a ‘police force’ constituted under the DSPE Act,1946. We hereby also set aside and quash the impugned resolution (of the Union Home ministry) dated 01.04.1963,whereby CBI has been constituted,” the judgment and order passed on Wednesday said. A copy of the judgment was available only on Thursday.

Going by the judgment,the CBI ceases to be a constitutionally valid organisation which is empowered to probe crimes,and that all CBI cases now stand to become null and void. In the instant case of Navendra Kumar,the division bench,however,said that the judgment would not bar the police from conducting further investigation into the case against him.

The petitioner,against whom the CBI had submitted a chargesheet in November 2007,had contended that the CBI was not a statutory body because it was not constituted under any statute,but under an executive order/resolution No 4/31/61-T,dated 01.04.1963 of the Ministry of Home Affairs.

“On a careful reading of the contents of the impunged resolution,what becomes evident is that the resolution does not refer to any provisions of the DSPE Act,1946,as the source of its power. In other words,deriving strength from the DSPE Act,1946,the CBI has not been constituted. One cannot,therefore,treat the CBI as an organ or part of the DSP either,” the judgment said.

It also said that the resolution cannot be termed as the decision of the government of India,and that the CBI was a newly-constituted body and not same as the DSPE. When asked to produce records relating to the creation of the CBI,the respondents (the government of India) did not file the original record but produced a certified copy of records received from the National Archives,it said.