'CBI not under Union of India's control': Centre tells SC
The Centre on Thursday told the Supreme Court that the Central Bureau of Investigation (CBI) is not under the "control" of the Union. The Centre was raising preliminary objections regarding a lawsuit filed by the West Bengal government, arguing that the agency proceeded with its investigation in multiple cases without obtaining the necessary approval from the state.
Why does this story matter?
The West Bengal government has filed a lawsuit in the Supreme Court under Article 131 of the Constitution against the Centre. The Bengal government alleged that despite the state revoking the general consent for the CBI to investigate cases within its jurisdiction, the agency has continued to file FIRs and conduct investigations. Notably, Article 131 pertains to the Supreme Court's original jurisdiction in disputes involving the Centre and one or more states.
Center's response to West Bengal's legal action
Solicitor General Tushar Mehta, representing the Center, addressed a bench of Justices B R Gavai and Sandeep Mehta. He emphasized that Article 131 is "one of the most sacred" jurisdictions bestowed upon the top court and should not be misused or abused. Mehta clarified that cases mentioned in the state's suit were registered by the CBI, not by the Union of India. "The Union of India has not registered any case. CBI has registered it," he stated.
Bengal government withdrew CBI's 'general consent' to conduct probe
On November 16, 2018, the West Bengal government withdrew the CBI's "general consent" to conduct a probe or carry out raids in the state. It is among several non-Bharatiya Janata Party (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.
BJP accused of 'misusing' central agencies
The 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. The CBI, on its part, has faced allegations of functioning under "political influence," irrespective of the political party in office at the Centre. In 2013, the Supreme Court went to the extent of calling the agency a "caged parrot." The Congress-led United Progressive Alliance (UPA) was in office at the time.
