Read Time: 04 minutes

Synopsis

The Supreme Court of India has held the original suit filed by State of West Bengal challenging CBI's probe of cases in the state despite no consent being granted by it to be maintainable.

A bench of Justices BR Gavai and Sandeep Mehta had reserved orders on the aspect of maintainability in May this year.

"The suit shall proceed in accordance with law", Justice Gavai pronounced today in court after having rejected the contentions made by the Union of India.

We will have this on August 13 now for framing of issues, the bench added.

Solicitor General Tushar Mehta in his rejoinder submission had told court that West Bengal's submission of CBI being a police force of the Union was a devastating statement.

Court was further told that power of investigation did not include in the Centre to direct CBI to register an FIR against a particular person as per Section 5 of Delhi Police Special Establishment Act.

"Administrative control of CBI is with the Director not the central government..There are several PSUs created by the central government, but their day-to-day work is not governed by the Centre..Central government cannot direct the CBI to register a case, it can only be done through the HC's order or by its own motion..DoPT never registers a case, there is no investigation by it..it is only a cadre controlling authority..", the SG had stressed.

An argument was also made that CBI has a separate legal and functional identity outside of the Union of India. 

Notably, State of West Bengal had flagged the issue of Enforcement Directorate being brought into the state through the cases 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...", Senior Advocate Kapil Sibal had submitted on behalf of West Bengal government.

Case Title: State of West Bengal vs. Union of India