CBI not under control of Union of India, Centre tells SC

The Central Bureau of Investigation (CBI) is not under the 'control' of the Union, the Centre on Thursday told the Supreme Court while raising preliminary objections on a lawsuit filed by the West Bengal government on the agency going ahead with its probe in several cases without the prerequisite nod from the state.

The West Bengal government has filed an original suit in the apex court against the Centre under Article 131 of the Constitution, alleging that the CBI has been filing first information reports (FIRs) and proceeding with its investigation, despite the state having withdrawn the general consent to the federal agency to probe cases within its territorial jurisdiction.

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."

The hearing in the matter is underway.

On November 16, 2018, the West Bengal government withdrew the 'general consent' accorded to the CBI to conduct a probe or carry out raids in the state.