The government will move the Supreme Court to contest the Gauhati High Court verdict holding that the CBI is unconstitutional, Union Minister V. Narayanasamy said here Friday.
Personnel and Training Minister Narayanasamy said he would speak to Prime Minister Manmohan Singh and Law Minister Kapil Sibal on the issue.
The law minister has said the government would move the apex court on the verdict, he added.
The Gauhati High Court in a ruling Nov 6 held that the CBI, constituted under the Delhi Special Police Establishment (DSPE) Act, 1946, was not a police force and that it was neither an organ nor a part of the act.
"...while we decline to hold and declare that the DSPE Act, 1946, is not a valid piece of legislation, we do hold that the CBI is neither an organ nor a part of the DSPE Act and the CBI cannot be treated as a 'police force' constituted under the DSPE Act, 1946," the judgment said.
The high court quashed the April 1, 1963, resolution of the home ministry constituting the Central Bureau of Investigation (CBI).
