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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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The Supreme Court on the CBI 1

The Supreme Court on the CBI 1

Chapter:
(p.140) 17 The Supreme Court on the CBI1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0083

The Supreme Court, in its judgment on 18 December 1997, made some observations on the integrity of the investigating and prosecuting agencies – primarily the CBI. This come about because there were good reasons to suspect that the independence of the agency had been suborned. The court struck down as unconstitutional the notorious single directive issued by the government to the CBI as it was an executive order which extended the curbs on prosecution to investigation. However, the court was not right in giving guidelines and directions for 'rigid compliance till the legislature brings in legislation. The court should have commended certain steps to be taken by the legislature, and not made them a part of a binding order.

Keywords:   Supreme Court, CBI, single directive, prosecution, executive order

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