The Supreme Court today held that the suit filed by West Bengal against the Central Bureau of Investigation (CBI), for allegedly proceeding with probes and filing FIRs in cases of post-poll violence without getting the state government’s consent as required under the law is maintainable. A Bench, headed by Justice BR Gavai, rejected the argument raised by the Union government questioning the maintainability of the original suit filed by the plaintiff state under Article 131 of the Constitution.
The apex court said, it clarified that the aforesaid findings are for the purpose of deciding the preliminary objections raised by the defendant. However, the same will have no bearing when the suit is decided on its own merits. The top court ordered the matter to be further listed on August 13 for framing of issues in the suit.
In 2018 the West Bengal government withdrew its consent that allowed the CBI to conduct investigations of cases in the states. In its suit, the State contended that despite the revocation of its consent for the central agency under the Delhi Special Police Establishment Act of 1946, the CBI continued to register FIRs concerning offences that took place within the State. On the other hand, the Centre in a statement said that a state government cannot claim a right to issue omnibus, sweeping, and overarching directions to withdraw consent for a CBI probe into any matter.