New Delhi:The Central Bureau of Investigation (CBI) is not under “control” of the Union of India, the central government told the Supreme Court on Thursday, while raising preliminary objections on a lawsuit filed by West Bengal on the agency continuing with its probe in several cases without seeking the state's prior approval.
“The Union of India has not registered any case, the CBI has. The agency is not under the control of the Union,” Solicitor General Tushar Mehta, appearing for the Centre, said to a bench of Justices BR Gavai and Sandeep Mehta.
West Bengal has moved an original suit against the Centre in the Supreme Court under Article 131 of the Constitution. The Trinamool government there stated in its suit that despite that the state revoking “general consent” to the federal agency to probe cases in West Bengal, the CBI has continued to file FIRs and proceed with investigations.
Article 131, which deals with the apex court's jurisdiction in a dispute between the central and one or more state governments, is “sacred” and its “misuse” must not be allowed, Solicitor General Mehta submitted before the two-judge bench.“Article 131 is one of the most sacred jurisdictions conferred upon the Supreme Court. This provision cannot be allowed to be misused or abused,” he said.
On November 16, 2018, West Bengal withdrew the CBI's “general consent” to conduct a probe or carry out raids in the state. It is among several non-BJP states where the country's top investigation agency now requires the concerned government's permission or directions from a court of law, for its activities.
The Bharatiya Janata Party (BJP), which runs the government at the Centre, has been repeatedly accused of “misusing” central agencies against the opposition, a charge it has consistently refuted.