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The Central Government has informed the Supreme Court that the CBI is entitled to investigate all offences relatable to the entries in List 1, where laws made under those entries create offences.

The affidavit has said that "offences against laws with respect to List I are beyond the legislative competence of the State, and under Article 162 of the Constitution, the executive power of the state is co-extensive with its legislative power, and shall extend to the matters with respect to which the legislature of the State has power to make laws."

The Central Government has filed the affidavit in its reply to the petition filed by the West Bengal State Government challenging the order of the Calcutta High Court directing the Central Bureau of Investigation to enquire alleged cases of murders and crimes post-poll in the State of West Bengal.

The affidavit said that the consent which is referred to in Entry 80 of List I and Section 6 of the DSPE Act (Delhi Special Police Establishment Act) is limited to the offences under List II, since no entry exists in List III for creating offences in relation to the matters in List III, except to the extent covered by Entry 1, List III which expressly excludes offences against laws in respect of any of the matters in List I and List II.

Centre further submits that the State has deliberately sought to supress material, relevant and critically necessary information in the plaint, in which several offences have been entrusted to the CBI by the constitutional courts.

It is also contended in the affidavit that in the event of offence being committed by a Central Government employee or an offence having multi-State or pan-India implication, an investigation made by the central agency would not harm or affect the federal structure or take away the right of the State Government to investigate offences within the State’s jurisdiction.

"It is not understood as to why the State Government came in the way of such investigation which would have an inevitable effect of shielding those who are guilty of such multi-State / pan-India offences," the affidavit added.

Earlier, the Supreme Court had asked Counsel to submit a short note and a chart regarding in a plea by West Bengal Government, challenging order of the Calcutta High Court which directed the Central Bureau of Investigation to investigate the post-poll violence.

Background:

A divisional bench of Justice Vineet Saran and Justice Aniruddha Bose has posted the matter for further hearing on another day stating that we'll hear it on Friday or Monday.

The plea states that the High Court has acted erroneously by not providing an appropriate opportunity to the State and by relying upon the National Human Rights Commission committee report in the cases concerning the Post Poll Violence issues.

The Calcutta High Court had directed that all cases as per the report of the committee where allegations are murder, crimes against women to be referred to CBI for investigation.

Senior Advocate Kapil Sibal submitted that the committee appointed by the NHRC seemed like “a BJP committee” and where another member of the Committee was member of the BJP mahila morcha.

“Court has also not prescribed any procedure to be followed during the collection of the data,” Sibal added.

The bench has asked Sibal to submit a chart and asked both the Respondents and Petitioner to submit a 2 page note over the matter while posting the matter for further hearing.

What did the High Court said: 

The Calcutta High Court directed that all cases as per report of committee where allegations are murder, crimes against women to be referred to CBI for investigation.

For all other cases, a Special Investigation Team is constituted, comprising West Bengal IPS officers.

To be headed by Suman Bala Sahu and to consist of Suman Mitra and Ranvir Kumar.

The SIT will be entitled to take assistance of any agency for fair investigation and will be monitored by an SC retired judge.

The autopsy report of Abhijeet Sarkar and other sealed cover documents are to be handed over to the CBI. Any other documents to be handed over to the SIT.

The court has notably directed for the State of West Bengal to pay compensation to victims of crime.

CBI & SIT have further been directed to submit status report within 6 weeks, and the State of West Bengal has been ordered to commit cooperation with CBI and other authorities. 

Case Title: The State of West Bengal Vs. Union of India and Ors.