CBI to seek legal opinion on Gauhati HC order

NEW DELHI: The CBI is studying the Gauhati high court order and will seek legal opinion even as agency officials made it clear it was for the government to challenge the order.

CBI officials said though they had not seen the HC order, they pointed to the Supreme Court monitoring and referring cases to the agency. The apex court did not seem to have been perturbed by any aspect of its legality, officials said.

CBI derives its powers from Delhi Special Police Establishment Act, 1946 and officials said Section 2 of the Act dealt with jurisdiction to investigate offences in Union Territories only. The jurisdiction is extended by the central government under Section 5 (1) of the Act, provided state governments concur under Section 6 of the Act.

Sources said CBI personnel of the rank of sub-inspector and above exercise all powers of a station office in-charge of a police station for the purpose of investigation.

Non-plussed by the Gauhati HC order, officials said the agency was investigating a wide range of cases of bribery and corruption, violation of central fiscal laws, major frauds, passport frauds, crimes on high seas and organized crime without its legality being questioned. The agency is presently celebrating its golden jubilee anniversary.

CBI also has a mandate to probe cases under the Official Secrets Act pertaining to affairs of the central government, cases of certain specified categories under the Defence of India Act or Rules, serious cases of cheating or fraud relating to railways, or posts and telegraph department, particularly those involving professional criminals operating in several states.