The Gauhati High Court order striking down a 50-year old resolution for creating CBI may not affect the routine functioning of the agency but it presents an opportunity to correct the arrangement under which it was created, former CBI chiefs said.
Speaking to PTI over the phone, former CBI Director PC Sharma said he was in no position to comment on the order but averred it would not have any impact on ongoing probes.
"It cannot. Because investigations are done under the DSPE Act and not under CBI. CBI resolution was an administrative resolution. DSPE Act is a statutory entity under which investigations are going on and will go on.
"It should not affect CBI's functioning as such as there are certain divisions like administrative division, Interpol, law division which were created as a result of this resolution.
"One has to see what the court has said about these divisions; but as far as registration of cases and submitting of final reports in cases, that should not be affected," he said.
Terming the order "absurd", Former Special Director ML Sharma, who later became Central Information Commissioner, told PTI that the order was a case of "much ado about nothing".
"High court itself says the DSPE Act is valid. Entire cases are registered under the Act. Investigations are also done under DSPE Act. Whatever has been done on registration of cases, investigation of cased are valid and remain valid.
"In fact, for legal purposes, there is no difference between DSPE and CBI... In my view, this judgement is totally absurd. It is much ado about nothing," Sharma said.
Former CBI Director Vijay Shanker said he would not like to comment on the order as he had not read it himself.
He, however, added that the arrangement under which CBI was created and its working under the provisions of DPSE Act had been a subject of discussion for a long time.
