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Saturday, November 9, 2013

Supreme Court stays Gauhati High Court's order that held CBI Unconstitutional


In a major turn of events today, the Supreme Court granted the stay of operation of the Gauhati High Court judgment in which the Gauhati High Court declared CBI as unconstitutional. However, the Honourable Supreme Court did not assign any reasons for staying the operation of said judgment. You can access the Supreme Court Order here.

It is understandable that this matter has grave and serious consequences. CBI is overseeing thousands of matters right now. Gauhati High Court’s judgment will affect all of them in some manner or the other.

But, the stay on this judgment from the Supreme Court suffers from abstruseness. At least some basic points mentioning the prima facie illegality in the high court order could have been given by the Court while staying the operation of the high court judgment.

Such Stay Orders are dangerous and vile for they might direct our democracy and especially the judicial system towards the unworthy path of unreasonableness and misapplication.

You can access the high court judgment here and its analysis here.

Stay Tuned for more coverage on this issue.

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