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CBI has not been made a party to the original suit as obviously it cannot be made a party as per the mandate of Article 131, the court has been told
The Solicitor General today made his submissions before a division bench of the Supreme Court of India in the plea filed by State of West Bengal challenging CBI's probe of cases in the state despite no consent being granted by it.
CBI has a separate legal and functional identity outside of the Union of India, the SG told a bench of Justices BR Gavai and Sandeep Mehta.
At the outset, arguing against the maintainability of the original suit filed by the state, the solicitor general submitted that Union of India court not be made a party as it had no control over the CBI. "...please see what are the parties in the suit..State of West Bengal and Union of India..CBI is not a party...and it cannot be also made a party...now see what are the reliefs in the suit..they cannot be claimed against the Union of India...", the court was told.
"The supervision of CBI is not with Union of India, Union cannot supervise how an investigation will take place, or how a chargesheet will be filed..", SG added.
A further submission was made that Union of India had not registered any case, CBI had and that CBI was not under the control of Union of India, as per the Delhi Special Police Establishment Act.
"In 2010 the then government wanted CBI's control but it was rejected..now please see what are the functions of CVC..CBI is created by a statute..also CBI cannot be directed by CVC as to how to conduct its investigation..", the SG added.
After SG concluded his submission, Senior Advocate Kapil Sibal began on behalf of the State of West Bengal.
Sibal told court that the state had way back in 2018 withdrawn its consent for the CBI to investigate cases in the state.
"It is not our case that investigation should not happen, we are saying CBI will not investigate, I will, the CrPC cannot be given a go-bye to..", Sibal said.
The senior counsel also flagged the issued of Enforcement Directorate being brought in through the case being investigated by CBI.
"Once you don't allow CBI, the ED enters, it has huge ramification on the polity of the state..as far as supervision is concerned, all other aspects are under the Centre...", he said.
The case is part heard and will be now heard on next Wednesday.
Case Title: State of West Bengal vs. Union of India
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