Congress Questions CBI's Legality, Here's Why This Query Is Wrong


Attacking India's top investigation bureau - Central Bureau of Investigation (CBI), Congress MP Manish Tewari on Friday, has questioned the bureau's legality.

Written By Suchitra Karthikeyan | Mumbai | Updated On:

Attacking India's top investigation bureau - Central Bureau of Investigation (CBI), Congress MP Manish Tewari on Friday, has questioned its legality. Sharing the questions he put to the Ministry of Personnel, Public Grievances & Pensions, he claimed that the CBI was declared unconstitutional by a Division Bench of Gauhati High Court. He further questioned the Central Government's stand on CBI's legality. He also asked whether the Supreme Court has stayed the Gauhati High Court's order in the matter.

Congress questions CBI's legality

In his tweet, he was referring to the November 2013 decision of the Division Bench of Gauhati High Court. He goes on to ask if the Supreme Court had stayed such an order. The Congress also asks what steps the Government has taken to expedite the matter and whether it plans to replace The Delhi Special Police Establishment (DSPE) Act, 1946 to bring CBI into parliamentary oversight. Incidentally, the CBI is currently investigating into former Finance Minister P.Chidambaram's alleged involvement into the INX Media scam.

READ | Chidambaram in CBI custody, ED makes sensational charge in SC

In response to Tewari multi-fold queries, it has been found that:

  • The Supreme Court has stayed the Gauhati High Court order on November 9, 2013.
  • Moreover, it was the then-UPA government that had moved to the Supreme Court in an urgent hearing to have the Gauhati High Court order stayed.
  • The then-Attorney General of India Goolamhussein E. Vahanvati himself had filed an affidavit and stated that many will suffer if the CBI was declared illegal.
  • The then-CJI P. Sathasivam had then stayed the HC order in an urgent Saturday hearing at his residence on November 9, 2013.

READ | Chidambaram's CBI custody extended by 4 days in INX Media case

CBI case against Chidambaram: Updates

Meanwhile, in the ongoing CBI case against Former Finance Minister P.Chidambaram, the senior Congress leader made an unprecedented offer on Thursday to the Supreme Court. He said that he was willing to remain in custody of the CBI till Monday, September 2. Chidambaram made this offer after Justices R Banumathi and A S Bopanna said they would hear Chidambaram's plea on September 2 in which he has challenged the trial court for sending him to CBI custody. But the judges did not comment on his offer. They said that they will announce their decision on September 5 on Chidambaram's plea challenging the Delhi High Court's verdict denying him anticipatory bail plea in the INX Media money laundering case filed by the Enforcement Directorate. 

READ | Congress attacks Delhi HC in SC against Chidambaram-INX Media case

CBI opposes extension of remand

Solicitor General Tushar Mehta opposed the submission, saying extension of the custody can only be done by the trial court as the case is pending there. "If the same offer is made before the trial court tomorrow, then we may have no objection to it," Mr Mehta said. The former FM was arrested by the CBI from his Delhi residence on August 21. Chidambaram may be sent to jail as per procedure if his remand is not extended.

READ | Chidambaram confronted with co-accused; Swamy: 'narco test if needed'

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