SC stays Gauhati HC order holding CBI unconstitutional

New Delhi – The Supreme Court Saturday stayed a Gauhati High Court order holding the Central Bureau of Investigation (CBI) unconstitutional after quashing the April 1963 home ministry resolution setting up of the agency under the Delhi Special Police Establishment Act, 1946.

An apex court bench of Chief Justice P. Sathasivam and Justice Ranjana Prakash Desai stayed the high court order after a 19-minute-long hearing at the former’s residence Saturday evening.

The order came after Attorney General G.E. Vahanvati mentioned the petition by the ministry of personnel and training, the CBI’s administrative ministry.

The government Saturday morning filed a petition challenging the high court order and seeking an ex-parte stay. The government sought an urgent hearing of the matter.

While staying the high court order, the apex court issued notice to Narendra Kumar on whose petition the high court had pronounced its verdict. The notice has also gone to the home ministry and the CBI.

The next hearing is scheduled Dec 6.