Stung by the Gauhati high court’s judgment that held the Central Bureau of Investigation (CBI) as an unconstitutional organisation, the agency has sought help of the government to appeal it in the Supreme Court on Monday.
“We are studying the order of the Gauhati high court and will submit our opinion to the department of personnel and training. We are seeking an urgent action on the situation,” said CBI’s director Ranjit Sinha.
The DoPT exercises administrative control over the country’s premier investigating agency. “We would request for a stay on the order,” another senior CBI official who requested anonymity said.
According to a CBI source, while the appeal will be filed today in the apex court, it may be heard on Monday. The official pointed out that the high court’s order did not invalidate the Delhi Special Police Establishment (DSPE) Act (1946) to which the CBI owes its genesis.
The official cited the SC’s landmark judgment in the Vineet Narain versus Union of India case in 1997 as an instance of CBI’s constitutional status.