Supreme Court Upholds West Bengal's Challenge Against CBI Probes Without Consent

The Supreme Court has declared as maintainable West Bengal's suit challenging CBI investigations without state consent. The case will proceed on legal merits, questioning if CBI can conduct probes post consent withdrawal. The hearing is set for August 13 to frame key issues.

The Supreme Court has deemed maintainable the West Bengal government's suit challenging the Central Bureau of Investigation's (CBI) authority to investigate cases within the state without obtaining prior statutory consent. A bench comprising Justices BR Gavai and Sandeep Mehta ruled that the case would proceed based on its legal merits.

The apex court rejected objections from the Union Government regarding the maintainability of the suit. The court indicated that the primary legal issue is whether the CBI can register and investigate cases after a state revokes its general consent, in accordance with Section 6 of the Delhi Special Police Establishment (DSPE) Act.

The court has scheduled the hearing for August 13 to frame the key issues involved. West Bengal's contention underscores the federal nature of the Centre-State relationship as enshrined in the Indian constitution, arguing that CBI's actions without state consent undermine this principle.

Conversely, the Central Government argued that the CBI operates independently and isn't controlled by the Union of India. Solicitor General Tushar Mehta contended that West Bengal's suit, which names the Centre as a respondent rather than the CBI, is not maintainable.

In the original suit filed under Article 131, West Bengal alleged that the CBI continued to file FIRs and conduct investigations despite the withdrawal of state consent. Article 131 permits states to directly approach the Supreme Court in disputes with the Centre or other states.

Senior advocate Kapil Sibal, representing West Bengal, asserted that the CBI cannot conduct probes without the state's general consent, emphasizing that the agency is not an independent statutory body.

The issue dates back to November 16, 2018, when West Bengal withdrew its general consent for CBI operations in the state. The state government cited provisions of the DSPE Act to argue that CBI actions without state consent are illegal.

West Bengal sought a stay on investigations initiated by the CBI following the Calcutta High Court's directive in cases of post-poll violence. It argued that FIRs filed under withdrawn consent cannot proceed.

The Centre maintained that it is uninvolved in the CBI's post-poll violence probes and defended the body's autonomy, as established under parliamentary statute.

In its affidavit, the Centre argued that West Bengal's consent withdrawal isn't absolute and asserted the CBI's right to investigate cases involving central government employees or those with nationwide ramifications.

(With inputs from agencies.)