• Saturday, November 09th, 2013

PRAVEEN-DALAL-MANAGING-PARTNER-OF-PERRY4LAW-CEO-PTLBIn a recent decision (PDF) a Division Bench of Gauhati High Court has held that the Central Bureau of Investigation (CBI) is an Unconstitutional Law Enforcement Agency. Although Legal Opinions in this regard are divided I, in my personal opinion, believe that the Decision of Gauhati High Court Declaring CBI Unconstitutional is Legally Sustainable and must be “Highly Respected” by all, including the Supreme Court of India.

At Perry4Law we have been keeping a track of this Controversial and Crucial Issue since 2009. In fact, we provided a 10 Point Legal Framework for Law Enforcement, CBI and Intelligence Agencies of India (PDF) in the year 2009 itself. However, Indian Government has “Negligently Failed” to take any step in this regard though urgent steps were required to be taken.

Fortunately, the Supreme Court of India has done what it was most required to do at this stage. The Supreme Court of India stayed the decision of Gauhati High Court that declared the CBI to be an Unconstitutional Law Enforcement Agency pending hearing of the arguments from both sides to the litigation.

Now the first step has been taken rightly will the Indian Government take the most appropriate step in this regard? I am not talking about fighting the case at the Supreme Court but to Draft a Legal Framework for CBI as soon as possible and get it passed at the Parliament of India.

From the past experience of Indian Government, I wonder Whether Indian Government is Really Interested in Making CBI Autonomous and Independent. Although a Group of Ministers was Constituted to Draft Law for CBI and to make it Autonomous and Insulate from Executive Interference yet till now no Legal Framework has been provided by the Indian Government to the Supreme Court.

If the Indian Government is considering continuing the way it has been doing so far that would be the biggest mistake on its part. I personally “Believe and Wish” that in such circumstances the Supreme Court of India must “Upheld” the decision of the Gauhati High Court.

I believe that in reality it is not the call for the Supreme Court but for the Indian Government to take. Because Legally Speaking, the Supreme Court of India should not think on “Different Lines” but on the same one as has been adopted by the Gauhati High Court.

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