The Centre on Thursday told the Supreme Court that the CBI is not under the “control” of the Union of India.
The Central government also raised a preliminary objections on a lawsuit filed by the West Bengal government on the agency going ahead with its probe in several cases without the prerequisite nod from the state.
The West Bengal government has filed an original suit in the top court against the Centre under Article 131 of the Constitution, alleging that the CBI has been filing FIRs and proceeding with its investigation, despite the state having withdrawn the general consent to the CBI to probe cases within its territorial jurisdiction.
“The Union of India has not registered any case. CBI has registered it,” Solicitor General Tushar Mehta appearing for the Centre, told the apex court. “CBI is not under the control of the Union of India,” he added.
Mehta further said that the Article 131 of the Constitution is “one of the most sacred” jurisdiction conferred upon the top court and this provision can’t be allowed to be misused and abused.
Article 131 deals with the Supreme Court’s original jurisdiction in a dispute between the Centre and one or more states.
The West Bengal government withdrew the “general consent” accorded to the CBI to conduct a probe or carry out raids in the state on November 16, 2018.
