Centre tells Supreme Court: CBI not under the control of Union of India
- In Reports
- 05:36 PM, May 02, 2024
- Myind Staff
The central government informed the Supreme Court that the CBI is not under the "control" of the Union of India, as it raised preliminary objections regarding a lawsuit filed by West Bengal. The state raised concerns about the agency's investigation in multiple cases without seeking prior approval.
Appearing for the Centre, Solicitor General Tushar Mehta informed a bench of Justices BR Gavai and Sandeep Mehta that the Central Bureau of Investigation (CBI), not the Union of India, registered the case in question. He clarified that the agency operates independently and is not under the control of the Union.
The Trinamool government of West Bengal has lodged an original suit against the Centre in the Supreme Court under Article 131 of the Constitution. In its suit, the state government asserted that despite revoking “general consent” for the CBI to probe cases in West Bengal, the agency has persisted in filing FIRs and conducting investigations.
Solicitor General Mehta emphasised before the two-judge bench that Article 131, which pertains to the Supreme Court's jurisdiction in disputes between the central and state governments, is of utmost importance and should not be misused.
"It is one of the most sacred jurisdictions conferred upon the Supreme Court," he emphasised. "This provision cannot be allowed to be misused or abused."
On November 16, 2018, West Bengal withdrew its "general consent" for the CBI to conduct probes or carry out raids in the state. This decision aligned with similar actions taken by several non-BJP states, where the CBI now requires explicit permission from the respective state government or directives from a court of law for its activities.
The BJP in power at the Centre has faced repeated accusations of "misusing" central agencies against the opposition, although it has consistently denied these allegations.
The CBI itself has been accused of operating under "political influence," regardless of the political party in office at the Centre. In 2013, the Supreme Court famously described the agency as a "caged parrot," during the tenure of the Congress-led UPA government.
Image source: Times of India
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