CBI has no legal existence, Creation of CBI illegal – HC

Some of the prominent questions, which have arisen for determination, in this appeal, are:

(i) Whether ‘Central Bureau of Investigation’, popularly called CBI, is a constitutionally valid police force empowered to ‘investigate’ crimes?

(ii) Could a ‘police force’, empowered to ‘investigate’ crimes, have been created and constituted by a mere Resolution of Ministry of Home Affairs, Government of India, in purported exercise of its executive powers?

(iii) Could a ‘police force’, constituted by a Home Ministry Resolution, arrest a person accused of committing an offence, conduct search and seizure, submit charge-sheet and/or prosecute alleged offender?

(iv) Whether CBI is a ‘police force’ constituted under the Union’s Legislative powers conferred by List I Entry 8?

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