New Delhi: The Central Bureau of Investigation (CBI) is not under the control of the Union of India, the central government told the Supreme Court on Thursday. The Central government made this statement while raising preliminary objections to a lawsuit filed by the West Bengal government on the agency proceeding with its investigation in several cases without obtaining prior approval from the state.
The West Bengal government has filed an original lawsuit in the Supreme Court against the Centre under Article 131 of the Constitution. The lawsuit alleges that despite the state revoking the general consent for the CBI to investigate cases within its territorial jurisdiction, the agency has continued to file FIRs and conduct investigations.
Article 131 deals with the Supreme Court's original jurisdiction in a dispute between the Centre and one or more states.
Solicitor General Tushar Mehta, appearing for 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" jurisdiction conferred upon the apex court and this provision can't be allowed to be misused and abused.
He said the cases referred to in the state's suit have not been filed by the Union of India. "The Union of India has not registered any case. CBI has registered it," Mehta said, adding, "CBI is not under the control of the Union of India".
On November 16, 2018, West Bengal withdrew the CBI's “general consent” to conduct a probe or carry out raids in the state.
(With PTI inputs)
