CBI not under control of Union of India: Centre in Supreme Court

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The Central Bureau of Investigation (CBI) is not under “control” of the Union of India, the central government told the Supreme Court on Thursday, while raising preliminary objections on a lawsuit filed by West Bengal on the agency continuing with its probe in several cases without seeking the state’s prior approval.

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“The Union of India has not registered any case, the CBI has. The agency is not under the control of the Union,” Solicitor General Tushar Mehta, appearing for the Centre, said to a bench of Justices BR Gavai and Sandeep Mehta.

West Bengal has moved an original suit against the Centre in the Supreme Court under Article 131 of the Constitution. Its Trinamool government has claimed that despite that the state revoking “general consent” to the federal agency to probe cases in West Bengal, the CBI has continued to file FIRs and proceed with investigations.

Article 131, which deals with the apex court’s jurisdiction in a dispute between the central and one or more state governments, is “scared” and its “misuse” must not be allowed, Solicitor General Mehta submitted before the two-judge bench.

Also Read: Supreme Court halts probe by CBI into Bengal recruitment scam

“Article 131 is one of the most sacred jurisdictions conferred upon the Supreme Court. This provision cannot be allowed to be misused or abused,” he said.

On November 16, 2018, West Bengal withdrew the CBI’s “general consent” to conduct a probe or carry out raids in the state. It is among several non-BJP states where the country’s top investigation agency now requires the concerned government’s permission or directions from a court of law, for its activities.

The Bharatiya Janata Party (BJP), which runs the government at the Centre, has been repeatedly accused of “misusing” central agencies against the opposition, a charge it refutes.

The CBI, too, has been facing allegations of functioning under “political influence,” irrespective of the political party in office at the Centre. In 2013, the Supreme Court went to the extent of calling the agency a “caged parrot.” The Congress-led United Progressive Alliance (UPA) was in office at the time.

(With PTI inputs)

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