Govt to appeal against HC order calling CBI unconstitutional

A day after the Gauhati high court order held as unconstitutional the setting up of the Central Bureau of Investigation, the government said it will appeal against the verdict.

"...The DoPT (department of personnel and training) intends to file an appeal. So an appeal will be filed against the order (in the Supreme Court)," Law Minister Kapil Sibal told reporters in New Delhi on Friday.

The DoPT is the administrative ministry for the CBI. Sibal said the DoPT has discussed the issue with him and it was decided to file an appeal.

Earlier in the day, Minister of State for Personnel V Narayanasamy met Prime Minister Manmohan Singh apparently to discuss the fallout of the verdict. "The judgment is patently wrong. It is bound to be set aside. We are certainly going to challenge it and the appeal is likely to be filed in the Supreme Court latest by Monday," Additional Solicitor General P P Malhotra had told PTI. He had appeared before the HC in the case.

In a curious judgment, the Gauhati high court had on Thursday struck down the resolution through which the CBI was set up and held all its actions as "unconstitutional".

The judgment by the division bench, comprising justices I A Ansari and Indira Shah, came on a writ petition filed by one Navendra Kumar challenging an order by a single judge of the high court in 2007 on the resolution through which the CBI was set up. Malhotra contended that the government resolution on the formation of the CBI has been held valid by the Supreme Court time and again in a number of judgments.

Earlier Minister of State for Personnel V Narayanasamy told PTI, "Definitely, we will have to (file appeal against HC order)." The minister said he needed to go through the judgment before making any comment on it. "I have not seen the judgment. We need to go through the judgment," said the minister, in-charge of the ministry, which acts as nodal department for administrative matter related to the investigating agency.

CBI officials said they were awaiting a certified copy of the court's order.

"Once it is received, it will be examined and appropriate steps will be taken," the agency said in a statement.