After ignoring warnings,govt rushes to undo HC’s CBI order

“I have not studied the judgment so far. But,I have been told that the DoPT intends to file an appeal in the Supreme Court,” Law Minister Kapil Sibal said.

Minister of State for Personnel,V Narayanasamy,also met Prime Minister Manmohan Singh to discuss the fallout of the verdict and inform him about the steps being taken to deal with it.

Sources said Attorney General Goolam Vahanvati has been asked to personally supervise the SLP filing and also seek stay of the HC judgment. Worried about the immediate impact of the judgment,the government is trying to file the petition Saturday itself.

Sources in the law and justice ministry told The Indian Express that during discussions on the proposed CBI Bill,2010,which is waiting to be made a law,it was pointed out to the Department of Personnel and Training (DoPT) that the CBI’s position as an investigative agency “could be questioned”.

“During our meetings,we told the DoPT that one reason why the CBI should get its own Act is to provide it with some standing in law. But,it is for the DoPT,which is the administrative ministry in charge of CBI,to get the Bill passed in Parliament,” said a senior law ministry functionary.

At present,the CBI draws its formation and strength from the resolution issued by the home ministry on April 1,1963. In fact,this finds mention in the HC judgment,with the court ruling that the CBI is neither an organ nor a part of the DSPE and the CBI cannot be treated as a police force constituted under the DSPE Act,1946.

That the CBI could be viewed as a non-statutory body since it was not backed by any legislation was also articulated by Information and Broadcasting Minister Manish Tewari in an article published by the Observer Research Foundation in August 2009.

Tewari,who was not a minister then,was exploring the “legal underpinnings of the CBI,Serious Fraud Investigation office,Intelligence Bureau and Research and Analysis Wing” in the article.

He had pointed out that “the CBI has no independent standing in law. Simply put,it is a piece of legal fiction whose underpinnings in law are tenuous to say the least. It still draws all its powers of investigation and arrest from the antiquated 1946 Act which essentially being a local act provides that each state through an executive order under Section 6 of the said Act has to give the Special Police Establishment,what is colloquially called the CBI,permission to investigate particular offences in that state. In other words the CBI can investigate a case only if requested by the concerned state government or directed by the high court or Supreme Court,except if it is a matter that pertains to the Central government”.

Meanwhile,the CBI Friday said it would explain its position to the SC when the matter comes up for hearing in appeal.

“We are studying the order of the Gauhati High Court and will submit our opinion to DoPT. We are definitely seeking an urgent action on the situation,” CBI director Ranjit Sinha said.