In a recent verdict, the apex court ruled that the suit carried by the West Bengal government against the central government order allowing the CBI to investigate within the state’s territory is legally sustainable.
Justices BR Gavai and Sandeep Mehta said that the Bengal government’s suit that the CBI will continue to investigate cases even though the state’s consent has been withdrawn must be treated as one ready, willing, and able to proceed on its own merits. The matter was listed for the formulation of issues on 13 August after the top court passed it through.
The Bengal government moved the Supreme Court against the CBI for the new case filing, even though it had withdrawn general consent from the central agency in 2018 for investigation. Stating this, senior advocate Kapil Sibal, appearing for West Bengal, said that once the state had withdrawn its consent, the Centre could not permit the CBI to enter the state to investigate.
During hearings where Solicitor General Tushar Mehta was representing the Centre, the Centre or its departments did not supervise the CBI probes. It had also made a preliminary objection to the petitioner’s case as to its maintainability, the same having been raised by the Centre.
The judgment in this case where the Supreme Court supported the West Bengal government against its lawsuit by the Centre over the control of CBI in West Bengal is, however, a distinct progress in the power struggle over CBI’s probe authority in the state.
