Centre Clarifies to Supreme Court: CBI Not Under Union of India’s Control

New Delhi: The Centre clarified to the Supreme Court on Thursday that the Central Bureau of Investigation (CBI) is not under the ‘control’ of the Union. This statement was made in response to preliminary objections raised regarding a lawsuit filed by the West Bengal government. The lawsuit pertains to the CBI proceeding with its investigations in several cases without the required approval from the state.

The West Bengal government has filed an original suit against the Centre under Article 131 of the Constitution in the apex court. The state alleges that the CBI has been filing FIRs and continuing its investigations, despite the state having withdrawn the general consent granted to the federal agency to investigate cases within its territorial jurisdiction.

Article 131 pertains to the Supreme Court’s original jurisdiction in a dispute between the Centre and one or more states. Solicitor General Tushar Mehta, representing the Centre, told a bench of Justices B R Gavai and Sandeep Mehta that Article 131 of the Constitution is ‘one of the most sacred’ jurisdictions conferred upon the apex court, and this provision should not be misused or abused.

He stated that the cases mentioned in the state’s suit were not filed by the Union of India. “The Union of India has not registered any case. The CBI has registered it,” Mehta said, adding, “The CBI is not under the control of the Union of India.” The hearing on the matter is currently underway.

On November 16, 2018, the West Bengal government withdrew the ‘general consent’ it had granted to the Central Bureau of Investigation (CBI) to conduct investigations or carry out raids in the state.

(With PTI inputs)