Central bureau of investigation (CBI) can breathe easy as the Supreme Court of India has Stayed Gauhati High Court Decision Declaring CBI to Be an Unconstitutional Agency. However, those who have been keeping a close eye upon this crucial issue since 2009 believe that this temporary stay is not a breather for the Central Government but a warning sign that cannot be ignored by it anymore.
According to Praveen Dalal, managing partner of Law Firm Perry4Law and leading techno legal expert of Asia, “If the Indian Government is considering continuing the way it has been doing so far that would be the biggest mistake on its part. I personally “Believe and Wish” that in such circumstances the Supreme Court of India must “Upheld” the decision of the Gauhati High Court”
But what if the Indian Government is considering fighting the case at Supreme Court on merits? What if the Indian Government still shows its lackadaisical attitude even after so many reminders and warning signs?
I believe that in reality it is not the call for the Supreme Court but for the Indian Government to take. Because Legally Speaking, the Supreme Court of India should not think on “Different Lines” but on the same one as has been adopted by the Gauhati High Court, opined Dalal.
Surprisingly, it is not the case that Indian Government was not warned in this regard from time to time. In fact, Perry4Law provided a 10 Point Legal Framework for Law Enforcement, CBI and Intelligence Agencies of India (PDF) in the year 2009 itself. However, Indian Government has “Negligently Failed” to take any step in this regard though urgent steps were required to be taken.
The only recourse that is left for Indian Government is to draft a full fledged law for CBI and get it passed in the winter session of the Parliament. Indian Government must also consult law firms like Perry4Law and experts like Praveen Dalal while drafting such proposed legal framework for CBI.