The Division Bench of
Gauhati High Court in its detailed judgment on 6th November 2013 in
the case of ‘Navendra Kumar vs Union of India’ has held that CBI is not a
constitutionally valid police force. Tracing the history of the CBI and the
discussions which took place in the Constituent Assembly in 1949 on the issue
of forming a Central bureau of investigation and intelligence while drafting the
Constitution, the court held that it is the exclusive function of state Police
in every state to carry out police functions like investigation, arrest,
seizure, filing chargesheet and prosecution. The Parliament or the Central Government
can make laws regarding police only for the Union Territories and not for the
States. Moreover, the CBI was constituted by a mere Resolution of Ministry of
Home affairs in 1963 and not by any statute and thus this agency is not legally
and constitutionally formed and hence is not competent to take up police functions.
It can only assist the police in collecting information by way of enquiries. The Court thus quashed the resolution which
constituted the CBI and also set aside the order of the Single Judge and
further quashed the chargesheet which was filed by the CBI against the
Petitioner in the designated CBI Court and the consequent trial. The Court
however clarified that quashing of the proceedings, pending in the CBI Court,
would not be a bar to any further investigation by police having jurisdiction
over the subject matter.
Sunil Goel advocate
B.Sc. L.Lb L.Lm
