HindustanTimes Fri,19 Dec 2014

Govt to move SC against HC calling CBI illegal

PTI  New Delhi, November 08, 2013
First Published: 01:25 IST(8/11/2013) | Last Updated: 09:40 IST(9/11/2013)

A day after the Gauhati high court order held as unconstitutional the setting up of the Central Bureau of Investigation (CBI), government on Friday said it will appeal against the verdict.

“...The DoPT intends to file an appeal. So an appeal will be filed against the order (in the Supreme Court)," law minister Kapil Sibal said.

The Department of Personnel and Training (DoPT) is the administrative ministry for the CBI. Sibal said the DoPT has discussed the issue with him and it was decided to file an appeal.

Earlier in the day, minister of state for personnel V Narayanasamy met Prime Minister Manmohan Singh apparently to discuss the fallout of the verdict.

“The judgment is patently wrong. It is bound to be set aside. We are certainly going to challenge it and the appeal is likely to be filed in the Supreme Court latest by Monday,” additional solicitor general PP Malhotra said. He had appeared before the high court in the case.

In a curious judgment, the Gauhati high court had on Thursday struck down the resolution through which the CBI was set up and held all its actions as “unconstitutional”.

The judgment by the division bench, comprising justices IA Ansari and Indira Shah, came on a writ petition filed by one Navendra Kumar challenging an order by a single judge of the HC in 2007 on the resolution through which CBI was set up.

Malhotra contended that the government resolution on the formation of the CBI has been held valid by the Supreme Court time and again in a number of judgments.

"Definitely, we will have to (file appeal against HC order)," Narayanasamy said.

The minister said he would go through the judgment before making any comment on it.

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