(This shocking news appeared in TOI - Goa Edition, dated Friday, 8th November 2013, front page)
Gauhati HC has ruled that the CBI was legally not a police force and stripped off its powers to investigate and file charge-sheets. The ministry of home affairs (MHA) by a resolution dated April 1, 1963 had constituted the CBI as a police force under the Delhi Special Police Establishment (DSPE) Act, 1946. The CBI had drawn its powers to investigate cases from the DSPE Act. The judgment also means that DSPE Act applicable only in Union Territories. So, any police force set up under Act can investigate crimes only in UTs!!! A division bench of HC comprising of I A Ansari and Indira Shah on Wednesday upheld the constitutional validity of DSPE Act but held that 'the CBI is neither an organ not a party of the DSPE and the CBI cannot be treated as a 'police force' constituted under the DSPE Act.' This means the very existence of CBI gets rejected! The judgment also says the CBI does not have power to investigate cases, or even file FIRs. This would negate charge-sheets filed in 2G Spectrum scam, Coalgate and cases related to Gujarat riots! The judgment also says, 'Unless this ruling is reviewed by a higher court, the CBI will not function as a police force and be able to proceed - in fact, not even file FIRs - in high profile cases like Coal gate, 2G spectrum scam and those related to the Gujarat riots. Goans react saying, 'The news is a major setback to Kangress party! More because in this election era Kangress would have made immense use of CBI literary has their own bureau of investigation i.e. Congress Bureau of Investigation! At least for time being this chance is negated by Gauhati HC ruling! U. G. Barad