New Delhi: Less than 24 hours after the Gauhati High Court ruled that the setting of the Central Bureau of Investigation was "unconstitutional", some prominent accused who are being probed by the investigative agency used the opportunity to stall the proceedings against them.
Prominent leaders who are under the CBI radar for their role in Coalgate, 2G scam and 1984 anti-Sikh riots appealed to the respective trial courts to put a stop on their cases citing the High Court order passed on Thursday.
Hoping to cash in on the ruling, former Telecom minister A Raja and other accused in the 2G scam on Friday pushed for a stay on the proceedings of the case in a Delhi court. "Before we proceed today I want to mention that the nation today woke up with banner headlines in newspapers that the CBI is not police."
"By coincidence the Chief Investigating Officer happens to be in the court today and in view of the Gauhati High Court judgement we should not proceed with the proceedings otherwise it would be a contempt of court. CBI prosecutor is standing here that means they must be having instructions to proceed with the case today," advocate Majeed Memom, appearing for accused Swan Telecom Promoter Vinod Goenka in the 2G case, said at the outset of the proceedings.
Congress leader Sajjan Kumar, who is under CBI probe for his alleged role in the 1984 anti-Sikh riots, also sought to declare the probe against him as "illegal" and dismiss the chargesheets filed by the CBI in the case. Kumar's counsel mentioned before District Judge JR Aryan the Gauhati High Court verdict and said if CBI itself is unconstitutional, its probe and chargesheets are also illegal.
Aware that the implications of the verdict could affect the credibility of the CBI, the Centre said that it will appeal in the Supreme Court on Monday against the order. "The judgement is patently wrong. It is bound to be set aside. We are certainly going to challenge it and the appeal is likely to be filed in the Supreme Court latest by Monday, " Additional Solicitor General PP Malhotra said. He contended that the government resolution on the formation of the CBI has been held valid by the apex court time and again in a number of judgements.
CBI Director Ranjit Sinha also said he would seek a stay on the Gauhati High Court order. "The government has already made up its mind to approach the Supreme Court by Monday. We will seek an immediate stay on the order."
Union Minister Manish Tewari claimed that he a private member's bill was tabled in Parliament in 2010 seeking statutory status for the premier investigation agency saying it was not a legal body. "In my view, the CBI is not a legal body. It draws its powers from a moth-eaten piece of legislation from the British Raj - the Delhi Special Police Establishment Act (DSPE) (1946) whose legality is tenuous and whose six brief clauses carry the entire weight of the CBI's investigations into the many different kinds of crimes that afflict modern India, like economic espionage, cyber crimes and terrorism," he had said then.
The BJP has, meanwhile, said that the HC verdict shows that discussion is needed on the CBI and its functioning. "The CBI has been under the scanner for a while now. The latest comments by the High Court only raise more questions regarding the CBI's functioning and its misuse by the Congress government," BJP leader Mukhtar Abbas Naqvi said.
The Gauhati High Court judgement by the division bench comprising justices IA Ansari and Indira Shah, came on a writ petition filed by one Navendra Kumar challenging an order by a single judge of the High Court in 2007 on the resolution through which CBI was set up.
In its judgement, the High Court struck down the 1963 resolution through which the CBI was set up and held all its actions "unconstitutional".
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