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SC stays Gauhati HC verdict holding CBI unconstitutional

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Story Dated: Saturday, November 09, 2013 09:51 hrs EST

The Supreme Court on Saturday stayed a Gauhati high court order that held the Central Bureau of Investigation (CBI) 'unconstitutional' in its November 6 ruling.
 

The stay came after the Union government moved the apex court against the verdict on Saturday, contending it would adversely impact thousands of criminal cases pending across the country.

An apex court bench issued the order in a hearing held at Chief Justice P Sathasivam's residence and scheduled the next hearing in the case for December 6. It also sent notices to all parties involved in the case, including Narendra Kumar on whose petition the high court had pronounced its verdict.

Talking to journalists after the 19-minute hearing, attorney general GE Vahanvati said the questions raised by the HC while giving the verdict were wrong and so was its conclusion.

Earlier, the special leave petition settled by the attorney general before the hearing said, "If the impugned order is not stayed, it will frustrate the law machinery and may result in multiplicity of proceedings."

A division bench of Gauhati high court had on November 6 quashed the April 1, 1963 resolution constituting CBI under the Delhi Special Police Establishment Act, 1946 and declared all its actions unconstitutional.

The government had sought an urgent hearing against the HC verdict saying it "directly impacts about nine thousand trials currently underway and about one thousand investigations which are being undertaken by the Central Bureau of Investigation (CBI)."

"The order is already being seized upon by various accused persons in various proceedings in the country to seek a stay of further proceedings against them," the petition said.

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