Legal experts divided on Gauhati HC's verdict on CBI

Legal experts are divided over the Gauhati High Court judgement declaring CBI an unconstitutional body with some agreeing with the order while others say its effects would be disastrous.
Two former high court judges Mukul Mudgal and R S Sodhi said the Gauhati High Court order appeared to be correct and it was right in striking down the resolution by which CBI was created.
However, Mudgal felt it was not a sagacious decision in view of the fact that business of CBI has been going on for decades and the court should have given some time for the judgement to take effect.

In a bid to take advantage of the high court's decision, some high profile accused in CBI cases relating to 2G spectrum and 1984 anti-Sikh riots approached courts seeking stay of the cases citing the ruling.
Legal experts, including senior advocates K T S Tulsi and Mukul Rohatgi, said till the decision is stayed by the Supreme Court, CBI would not be in a position to register fresh cases or make any arrest and all the pending cases would become "illegal".
Further, convictions in CBI cases since its inception would become "void", another senior advocate said.
Rohatgi, a former Additional Solicitor General, said "CBI cannot do anything" unless Centre moves the apex court and the verdict is stayed.

"As of today, CBI cannot register any case, it cannot interrogate anyone. Whomsoever they have arrested will have a right to go to court and seek release, in the present situation," said Rohatgi, who is representing several corporate executives in the 2G case and other high profile matters.