The CBI, in a limbo since Wednesday's
Gauhati high court verdict declared it "unconstitutional" and stripped it of all policing powers, was 'revived' on Saturday after the
Supreme Court stayed the high court order following an appeal by the Centre.
A bench of justices Sathasivam and Ranjana P Desai noticed the promptness with which accused in many cases involving serious offences, including the 2G spectrum scam, moved trial courts seeking a stay on the cases against them following the HC verdict. The apex court's interim order will ensure that the
CBI carries on with its work. When the SC mentioned media reports about the accused seeking stay of trials, attorney general
G E Vahanvati drove home the point by saying the HC judgment, if not stayed, would bring to a grinding halt 1,000 cases being investigated by the CBI and 9,000 trials currently underway.
The bench expressed prima facie doubts on the manner in which the 1963 resolution setting up the CBI had been drafted, but brushed aside minor objections put forth by advocate L S Chaudhury, counsel for Navendra Kumar - the petitioner before the HC - and stayed the judgment under challenge.
It asked Kumar to file a reply to the petition filed by department of personnel and training (DoPT) - the administrative ministry for the CBI - in two weeks and posted the matter for further hearing on December 6.
Vahanvati contended the division bench of the high court "asked wrong questions on wrong premises and proceeded on a completely wrong direction" and applied a "convoluted reasoning to arrive at a wrong conclusion that the Delhi Special Police Establishment (DSPE) Act did not cover the CBI".
