SC upholds Bengal suit's maintainability accusing Centre over CBI interference
The Supreme Court has upheld a suit filed by West Bengal against the Union government for allowing the Central Bureau of Investigation (CBI) to register cases in the state. The state argued that after it withdrew general consent for the CBI in 2018, the agency should not have continued to register FIRs for offenses within Bengal. Justices BR Gavai and Sandeep Mehta also dismissed preliminary objections raised by the Union and stated that Bengal's complaint disclosed a cause of action.
Why does this story matter?
The West Bengal government moved the Supreme Court in April, challenging the Calcutta High Court ruling that authorized a CBI investigation into alleged crimes against women and land grabbing in Sandeshkhali by Trinamool Congress leader Shahjahan Sheikh. In its lawsuit, the state administration claimed that the CBI has been filing FIRs and conducting investigations despite the fact that the state had withdrawn its general consent. The high court ordered that the case be transferred to the CBI in March.
Court's decision based on plaint's averments, not final verdict
"We find the present suit is raising a legal issue whether after...withdrawal of the general consent, the CBI can continue to register FIRs and investigate cases in violation of section 6 of DSPE act," the bench said. The bench, however, clarified that their current findings are solely for determining maintainability and will not influence the final decision on the suit. The suit was filed under Article 131, which pertains to disputes between the Centre and one or more states.
Legal representatives argue over suit's maintainability
Solicitor General Tushar Mehta, representing the Union, raised objections regarding maintainability under Article 131. He argued that Article 131 was designed to settle disputes between federal units of government and did not extend to the CBI. Senior Advocate Kapil Sibal, representing West Bengal, countered these objections stating that at this stage, only whether this plaint discloses cause of action needs to be decided.
Supreme Court has fixed August 13 for framing of issues
The Supreme Court has fixed August 13 for framing of issues on the matter and for adjudication in September. The court had last reserved its verdict on the maintainability of the suit filed by the Mamata Banerjee government on May 8. Senior counsel Sibal, representing West Bengal, claimed that once the state withdrew its approval on November 16, 2018, the Centre could not allow the investigative agency to enter the state for investigation.
