Guwahati: The Gauhati High Court has questioned the validity of India's premier investigating agency, the Central Bureau of Investigation.It has termed CBI an illegal entity on the grounds that it has not been created by law.
The CBI was created by a home ministry resolution on April 1, 1963 and it functions under the Delhi Special Police Establishment Act (DSPE) 1946.
This declaration came in favor of the petition filed by a BSNL employee, Navendra Kumar, who was being prosecuted by the CBI in a corruption case.Navendra Kumar filed the petition challenging an order by a single judge of the high court in 2007 on the resolution through which CBI was set up.
justice Iqbal Ahmed and justice Indira Shah said, “...we do hold 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.”
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