Gauhati High Court sets aside 1963 resolution on CBI formation

Rules that the agency is neither an organ nor part of the DSPE

The Gauhati High Court has quashed the Union Home Ministry resolution by which the Central Bureau of Investigation was constituted way back in 1963. The court held that the CBI was neither an organ nor part of the Delhi Special Police Establishment and thus could not be treated as a “police force” constituted under the DSPE Act.

In their 89-page judgment, Justices I.A. Ansari and Indira Shah said : “While we decline to hold and declare that the DSPE Act, 1946 is not a valid piece of legislation, we do hold that the CBI is neither an organ nor part of the DSPE and the CBI cannot be treated as a police force constituted under the DSPE Act, 1946.”

Though the Division Bench had directed the respondents to produce the original records on creation of the CBI, they just submitted a certified copy of the records from the National Archive.

“However, even a perusal of the entire records makes it clear that the Resolution, dated April 1, 1963, was neither produced before the President, nor did it ever receive the assent of the President. Hence, strictly speaking, the Resolution cannot even be termed the decision of the Government of India. That apart, it is apparent from the records that the CBI is a newly constituted body and not the same as DSPE.”