The Supreme Court on Wednesday reserved its verdict under Article 131 on the Bengal government challenging the decision of the CBI to probe various cases in the state despite the Mamata government withdrawing in 2018 its general consent for the central agency’s investigations.
A bench of Justice B.R. Gavai and Justice Sandeep Mehta reserved the verdict after over two days of hearing on the issue.
Today during the hearing while the Centre through Solicitor General Tushar Mehta reiterated that CBI does not function under the control of the Union government, senior advocate Kapil Sibal representing Bengal maintained that the probe agency functions under the overall supervision of the government.
“It is devastating to say CBI is a police force of the Union government. CBI is not,” Mehta told the bench.
He said the DoPT (Department of Personnel and Training) under which the CBI’s jurisdiction falls does not register the case. Rather it is the CBI as an independent agency which registers the case. DoPT is only a cadre controlling authority.
Mehta likened the CBI’s functioning under the Centre to that of the power of Union government to issue notifications for creation of high courts in the country, although they do not come under the control of the Central government
However, Sibal disputed the arguments on the ground that the source of power of CBI emanated from the Central government. The power of CBI is conferred by the Central government through a notification, Sibal said.
The senior advocate argued that the Central government cannot adopt a stand that it is a law unto itself and hence can enter any state through CBI to probe even if the general consent had been withdrawn.
The court, after hearing the arguments, reserved its verdict.
Justice Gavai heading the bench had earlier indicated that the judges would be writing the judgment during the forthcoming summer recess which commences from May 20 and pronounce its judgment after the court reopens after July 8.
The court would reopen on July 8, but during the vacation period of May 20-July 19, two vacation benches would be functioning in the court to take up urgent matters.
Earlier on May 2, the Centre and Bengal government on Thursday crossed swords in Supreme Court on the role of CBI which the Union government said is an independent body and not under its control, but strongly rebutted by Mamata government which stated it reports to the Prime Minister who also heads the Department of Personnel and Training (DOPT).
Mehta had also raised preliminary objections to the maintainability of the suit filed by Bengal government under Article 131challenging the decision of CBI to probe various cases in the State despite the Mamata government withdrawing in 2018 its general consent for the Central agency’s probe.
Article 131 empowers the Supreme Court to adjudicate disputes between the Centre and States or even between two states.
It was Mehta’s argument that Article 131 empowers the Supreme Court to adjudicate disputes between Centre and States or with States, but the CBI is an independent investigating agency hence, the petition ought to be dismissed at the threshold.
