The Central Government will move Supreme Court today against the Gauhati High Court order holding as unconstitutional the setting up of Central Bureau Investigation (CBI).
According to TV reports, Minister of State in the Ministry of Personnel and PMO V Narayanasamy met attorney general G E Vahanvati on Friday to fathom the legal basis of the High Court judgment and both agreed that an appeal should be filed in the apex court by Saturday, pointing out the errors apparent in the verdict.
Law and Justice Minister Kapil Sibal on Friday said that the Central government will file an appeal against Gauhati High Court order declaring CBI unconstitutional.
".The Department of Personnel and Training (DoPT) intends to file an appeal. An appeal will be filed against the order (in the Supreme Court)," Sibal told media here.
Sibal said DoPT has discussed the issue with him and it was decided to file an appeal.
In its judgment, the High Court has struck down the resolution through which the CBI was set up and held all its actions as unconstitutional.
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A division bench comprising Justice Iqbal Ahamad Ansari and Indira Shah on Wednesday pronounced the verdict while hearing a plea filed by a BSNL employee.
The petitioner questioned the existence of the CBI after the investigation agency filed a case against him in 2001. He approached the division bench after a Single Bench of the court rejected his plea.