CBI is 'independent, have no control over it', says Centre
PTC News Desk: The Centre urged the Supreme Court on Thursday to dismiss the West Bengal government's petition accusing the CBI of registering FIRs and conducting investigations without the state's consent, arguing that the CBI is an "independent legal person" over which the Union government has no "control."
The West Bengal government has filed an original suit against the Centre in the Supreme Court under Article 131 of the Constitution, alleging that the central agency has been filing FIRs and conducting investigations despite the state withdrawing general consent for it to investigate cases within its territorial jurisdiction.
Article 131 of the Constitution allows a state to directly move the Supreme Court in the event of a dispute with the Centre or another state.
On November 16, 2018, the West Bengal government revoked the CBI's 'general consent' to conduct investigations and raids in the state.
Solicitor General Tushar Mehta, appearing for the Centre, told a bench of Justices B R Gavai and Aravind Kumar that the West Bengal government's plea is not maintainable because a suit against the CBI cannot be filed under Article 131.
Article 131 of the Constitution allows a state to directly move the Supreme Court in the event of a dispute with the Centre or another state.
On November 16, 2018, the West Bengal government revoked the CBI's 'general consent' to conduct investigations and raids in the state.
Solicitor General Tushar Mehta, appearing for the Centre, told a bench of Justices B R Gavai and Aravind Kumar that the West Bengal government's plea is not maintainable because a suit against the CBI cannot be filed under Article 131.
"The CBI cannot be made a party to the present suit under Article 131 as the same can be only between one or more state governments and Union Government or one or more State Governments on one side and Government of India and any other State(s) on the other or two or more States."
- With inputs from agencies
