Stung by Gauhati High Court verdict that CBI is unconstitutional, Government today said it will challenge the judgement in the Supreme Court on Monday and seek an urgent stay since it will affect the functioning of the premier central probe agency.
The curious and unprecedented judgement in which the 1963 resolution--by which the Central Bureau of Investigation was set up--was struck down was described by Additional Solicitor General P P Malhotra as patently wrong. The court yesterday had held that all the actions of CBI were "unconstitutional".
"...The DoPT intends to file an appeal. So an appeal will be filed against the order (in the Supreme Court)," Law Minister Kapil Sibal told reporters.
DoPT is the administrative ministry for CBI, Sibal said, adding it has discussed the issue with him and that it was decided to file an appeal.
Minister of State for Personnel V Narayanasamy met Prime Minister Manmohan Singh apparently to discuss the fallout of the verdict. He said the Government will challenge the verdict in the Supreme Court and seek a stay.
"Definitely, we will have to (file appeal against HC order). We will move the Supreme Court on Monday challenging the Gauhati High Court order," he told PTI.
"We will tell the Supreme Court that the CBI was set up under a resolution in 1963 and it has been there for last 50 years. So, it should be allowed to continue.
"We will seek a stay of the operation of the order. CBI is handling a lot of sensitive cases. It(order) will affect the functioning of CBI," Narayanasamy said.
CBI Director Ranjit Sinha said the agency was looking into the matter.
Officials of the agency said they were awaiting a certified copy of the court's order.
"Once it is received, it will be examined and appropriate steps will be taken," the agency said in a statement.
