The central government has informed the Supreme Court that the Central Bureau of Investigation (CBI) is not under its control, while raising preliminary objections to a lawsuit filed by West Bengal. The state’s suit challenges the CBI’s authority to conduct investigations without seeking the state’s prior approval.
Appearing before a bench of Justices BR Gavai and Sandeep Mehta, Solicitor General Tushar Mehta, representing the central government, clarified that the Union of India had not registered any case; the CBI operates independently.
The lawsuit, filed under Article 131 of the Constitution, asserts that the CBI has continued to file FIRs and conduct investigations in West Bengal despite the state revoking its “general consent” for the agency.
Solicitor General Mehta emphasized the sanctity of Article 131, which deals with the Supreme Court’s jurisdiction in disputes between the central and state governments. He cautioned against its misuse and abuse, stating it holds significant importance.
In 2018, West Bengal withdrew the CBI’s general consent to conduct probes or raids in the state. This move has been replicated by several non-BJP states, necessitating the agency to seek permission from the respective governments or court orders for its activities.
The CBI has often faced allegations of functioning under political influence, regardless of the ruling party at the Centre. These accusations led the Supreme Court to describe the agency as a “caged parrot” in 2013 during the United Progressive Alliance’s tenure.
