Calcutta High Court to decide on validity of CBI, DSPE Act [Read Order]

In a significant development, the Calcutta High Court will decide the validity of the Delhi Special Police Establishment Act and consequently the validity of the Central Bureau of Investigation (CBI)..A case raising the above questions has been directed to be placed before a Bench of two or more judges to give a ruling on the same..The order was passed by Justice Protik Prakash Banerjee after taking note of the submissions of Amicus Curiae Phiroze Edulji..The questions framed by the High Court in relation to the same are:.Whether the Delhi Special Police Establishment Act, 1946 is a valid piece of legislation?.Whether the Central Bureau of Investigation is an organ or a part of Delhi Special Police Establishment?.In a Constitution having federal form with distinct feels (sic) of legislation apportioned to the federal legislature and/or the federating legislature with corresponding executive power where law and order and their maintenance are part of the power given to the federating states whether a federal police force even for investigation can be made by central legislation without following the procedure established by the Constitution of India for central legislature making laws which would be enforceable in each of the States?.What is interesting is that the order takes note of the fact that the Supreme Court is seized of a similar case. The case before Supreme Court is an appeal against a 2013 judgment of Gauhati High Court which had struck down a 1963 resolution of the Central government resolution constituting the CBI. The Gauhati High Court had held that the CBI can be constituted only through a statute..This came to be challenged in Supreme Court. Since it was a Saturday, an urgent hearing was held at the residence of the then Chief Justice of India P Sathasivam. A Bench comprising Chief Justice P Sathasivam and Justice Ranjana Prakash Desai had then proceeded to stay the Gauhati High Court judgment..In 2016, an interim application seeking vacation of the stay was also dismissed by the Supreme Court..Taking note of the fact that the Supreme Court has granted a stay on Gauhati High Court judgment, the Calcutta High Court framed the following questions too..What is the effect of an order of the Hon’ble Supreme Court which stays the operation of a final order of a Division Bench of a High Court which holds that a Central Statute is not a valid piece of legislation?.Whether admission of special leave petition and stay of a final judgment of the nature referred to above would mean that Hon’ble Supreme Court has declared any law by such interim order of stay?.Amicus Curiae Edulji submitted that the case involves substantial questions of law as to the interpretation of the Constitution of India. He, therefore, requested the Bench to place the matter before a Bench of three or more judges..The Court noted his submissions and ordered that the matter to be placed before the Chief Justice for the constitution of an appropriate Bench..“I think that these are the questions, which ought to be decided by a bench whose judgment would be binding on all other Courts of this State. Accordingly, I most respectfully request that the matter be placed before the Hon’ble Chief Justice/Acting Chief Justice for His Lordship to consider whether or not to constitute a Special Division Bench or a Special Bench comprising two or more judges for deciding the law involving interpretation of the Constitution of India”, the High Court stated in its order..Read the order below. .Bar & Bench is available on WhatsApp. For real-time updates on stories, Click here to subscribe to our WhatsApp.