West Bengal suit against CBI probes maintainable: SC

CategoryPolity

Last Updated12/07/2024

The Supreme Court on Wednesday upheld the maintainability of an original suit filed by West Bengal, which accuses the Centre of “constitutional overreach” and violating federalism by unilaterally employing the Central Bureau of Investigation without the State’s prior consent.

The SC Bench refused to accept the Union government’s preliminary objection that it was wrongly made a defendant in the suit as it did not control the CBI.
- “The very establishment, exercise of powers, extension of jurisdiction, the superintendence of the DSPE [Act], all vest with the Government of India.
The court reminded the Centre that the DSPE Act mandated the State’s prior consent to a CBI probe within its jurisdiction.
The judgment noted that the Union government was “vitally concerned” with the CBI, saying that this was plainly evident from the fact that only offenses notified by the Centre could be investigated by the CBI under the Delhi Special Police Establishment (DSPE) Act, the statute which governs the premier probe agency.
Under Section 4 of the DSPE Act, except the offenses under the Prevention of Corruption Act, the superintendence of the DSPE in all other matters would vest with the Central government.
Original suits filed directly in the Supreme Court under Article 131 of the Constitution exclusively deal with disputes involving the Union and the States,
The Solicitor General had pressed the court to dismiss the West Bengal suit on these preliminary grounds without going into its merits.
- However, the Bench on Wednesday said the suit raised “serious questions concerning the wider ramifications of federalism”.
- West Bengal, had made specific contentions that the CBI had acted on the Centre’s directions.