Thursday, 7 November 2013

Gauhati high court ruling brings hope for chargesheeted

GUWAHATI: The Gauhati high court ruling that questioned the legal validity of the CBI on Wednesday has opened a door for several chargesheeted persons in the state to fight for justice.

Among the top CBI-chargesheeted persons in Assam are many militant leaders, including NDFB chairman Ranjan Daimary, who has been named by the investigative agency as the prime accused in the 2008 serial blasts in the state. Daimary has now joined the peace process.


Ranjan's counsel, Manas Sarania, said, "I will now advise my client to file a writ appeal to quash the charges levelled by the CBI."


Also on the list are a host of government officials who have been chargesheeted by the CBI for their alleged involvement in misappropriation of government funds in Dima Hasao district.


The CBI is expected to challenge the court's order in Supereme Court, but senior high court advocate Bijon Mahajan pointed out that as long as the apex court does not take a stand, the high court order will hold sway. "The existence of the CBI itself is in jeopardy. We heard that the CBI will move the apex court, but until Supreme Court grants a stay, the high court's decision is a good one and is applicable throughout the country."


On Thursday, the premises of the special CBI court here were abuzz with discussions on the judgment.


The division bench of the high court comprising justices I A Ansari and Indira Shah, while quashing the resolution of the MHA in 1963 under which CBI was formed, quashed a chargesheet the CBI had filed against telecom official Navendra Kumar in a corruption case in Assam in 2001.


The court ruled, "We do hold that the CBI is neither an organ nor a part of the DSPE ( Delhi Special Police Establishment) and the CBI can't be treated as a 'police force' constituted under the DSPE Act of 1946. We hereby set aside and quash the impugned resolution dated 01.04.1963 whereby CBI has been constituted."






Categories:

0 comments:

Post a Comment