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  • Category: Miscellaneous

    A reported judgement by Assam HC on CBI status is bound to create lot of confusionn

    I have seen a news report in internet news sites and in leading newspaers that, in a particular case before it, Asam High Court has given a judgement which has mentioned ""the actions of the CBI, in registering a case, arresting a person as an offender, conducting search and seizure, prosecuting an accused etc. offend Article 21 of the Constitution and are, therefore, liable to be struck down as unconstitutional." ".

    Though this judgement is on a particular case, the resultant discussion on the very foundation and existence of CBI can create a lot of confusion.

    The news report also quotes in inverted commas the following portion also: "We hereby...set aside and quash the impugned Resolution, dated 01.04.1963, whereby CBI has been constituted... We do hold that the CBI is neither an organ nor a part of the Delhi Special Police Establishment (DSPE) and the CBI cannot be treated as a 'police force' constituted under the DSPE Act, 1946,"

    There is still space for appeal. However the news item was given less priority in the paper I read and was displayed in an inner page cornet. I also did not read any response from any prominent legal or political luminaries till now.

    What is your view and guess i this matter friends?
  • #455829
    I have also noticed the same.

    I hope it has not escaped the glances of millions of browsing individuals. I am not a legal person to comment on it.

    As per the reports reveal that the Central Government and CBI have decided to file a petition against the High Court judgment

    I fail to fathom to a situation, where the inception of the CBI can raise such a question. When a judge comes up with a verdict, he has to justify from he angle of constitutional laws.

    However, even democracy takes time to grow up from the stage of its infancy. I think, the law makers might have ignored a crucial legal part at the time of creation of CBI. I hope, the law makers will be able to resolve the issue for ever.

    Share and Acknowledge is the best way to enhance knowledge

  • #455861
    Ashutosh, a good logical and reasonable approach to the matter from your side.

    In our country many matters go ignored by our laziness to put our mind to them or in our preoccupation with more concerned matters. I is only when someone with conviction, dedication and time and awarenes approaches the matter and even takes up with courts of law that many mistakes and deliberate or inadvertent negligence or lack of comprehensive view and compatibility come to light.

    Courts by themselves cannot take up a matter suo moto in most cases. The aggrieved has bring to the attention of the courts by filing petition under relevant laws and sections.Moreover, it was only after the wide acceptance of PIL(Public Interest Litigation) by courts that people started taking up matters of public interest.

    Earlier the general people were not aware of many matters,. Now RTI has given them power to seek and get the correct information and status o many matters relating to the public.

    All these helped in discovering and remedying many wrongs and mistakes. Many times the verdicts also depend on the convincing way the arguments and evidences are made before the courts. Even though this order is also subject to appeals, it is a positive signal that it will make people think and discuss. That itself is good so that a correction or remedy will come out.

  • #455873
    I think the court observation is right. CBI is the independent agency and we think they are working without political interference or recommendations. But off late it has been noticed that CBI has been used as tool to check the overtures of some who go against the wishes of ruling party. We know how Jagan Mohan Reddy was raided and arrested by CBI just for abusing Sonia in open for not considering his candidature for CM post after the death of YSR. Therefore forced raid by CBI on the recommendations of ruling party or coalition is bound to create fuss later on.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

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