States’ power to withhold consent for CBI probe not absolute, Centre tells SC

Satya Prakash
Tribune News Service
New Delhi, October 22

The power of state governments to give consent for an investigation by the Central Bureau of Investigation can’t include a right of an omnibus power to pass overarching sweeping directions not to grant consent in any case or to withdraw the consent already granted, the Centre told the Supreme Court on Friday.

In an affidavit filed in the Supreme Court, it opposed the West Bengal Government’s plea challenging the CBI’s decision to register FIRs in relation to offences within the state, despite the state government withdrawing the general consent given to CBI. The Centre contended that the power to withhold consent was not absolute.

A Bench led by Justice L Nageswara Rao deferred the hearing on the West Bengal government’s suit filed under Article 131 to November 16.

Following a Calcutta High Court order, the CBI has registered several cases of rape and murder against TMC workers and supporters in connection with post-poll violence in West Bengal without the state’s nod.

However, the Centre said: “The CBI is entitled to investigate all offences relatable to the entries in List 1, where laws made under those entries create offences. In addition thereto, it is always open to the Superior Courts to direct such permission in select cases where it is found that the State Police would not effectively conduct a fair and impartial investigation”.

It said: “As a result, each one of the FIRs would have to be scrutinised separately for tracing it to the law under which the FIR is registered and the Entry in Schedule 7 to which the law relates”.

The Centre said: “The CBI is entitled to interrogate/ investigate individuals that are Central Government employees. It is specifically stated that the CBI does not need prior consent from the respective State Government before proceeding to investigate its own employee, irrespective of the fact whether the concerned employee is within the territorial jurisdiction of the CBI to investigate upon or not”.