Solicitor General Tushar Mehta clarified that the cases referred to in the state’s lawsuit were not initiated by the Union of India. He emphasized that it was the CBI that had registered these cases independently.Furthermore, Mehta stated that the CBI operates autonomously and is not directly controlled by the Union government. He considered Article 131 of the Constitution as sacrosanct, highlighting the significance of the jurisdiction conferred upon the Supreme Court.
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NEW DELHI: (On May 1st): The Center informed the Supreme Court that the Central Bureau of Investigation (CBI) is not under the direct control of the Union government. This statement came during the hearing of a lawsuit filed by the West Bengal government, which raised objections to the CBI conducting investigations in the state without prior approval.
READ ALSO: “SC Dismisses West Bengal Challenge”
Solicitor General Tushar Mehta, representing the Center, emphasized that Article 131 of the Constitution, which grants jurisdiction to the apex court, should not be misused or abused.
Background:
The West Bengal government had withdrawn its “general consent” for the CBI to carry out probes or raids in the state on November 16, 2018. Subsequently, the CBI initiated investigations in several cases without obtaining prior permission from the state government.
READ ALSO: SC Seeks West Bengal Governor’s Response to PIL Alleging Inaction on Bill Assent
During the hearing, Solicitor General Tushar Mehta clarified that the cases referred to in the state’s lawsuit were not initiated by the Union of India. He emphasized that it was the CBI that had registered these cases independently.
Solicitor Tushar Mehta
“The Union of India has not registered any case. CBI has registered it, “CBI is not under the control of the Union of India”.
The bench, comprising Justices B. R. Gavai and Sandeep Mehta, will hear the matter today. The Supreme Court will carefully consider the arguments presented by the Center and the West Bengal government before reaching a decision.
The Supreme Court declared that it will commence hearings on May 2 concerning a legal challenge lodged by the West Bengal government. This lawsuit criticizes the Central Bureau of Investigation (CBI) for progressing its investigation without obtaining the required approval from the state authorities.
Solicitor General Tushar Mehta, representing the Center, requested the court postpone the hearing until 2 pm.
Mehta responded,
“I cannot control the Constitution bench. The bench had already expressed yesterday its desire for the lawyers to wrap up their arguments by 1 pm today.”
He also mentioned that the issue concerning the West Bengal government had been deliberated for two days previously before a different panel of judges.
Following the lunch break, Solicitor General Tushar Mehta informed the court that the Constitution bench was still in session. Given this, the Supreme Court suggested the possibility of deferring the proceedings to the following day, recognizing that Mehta’s attendance was necessary at the ongoing Constitution bench hearing.
The bench said,
‘If you want, we can start tomorrow,’ acknowledging the need for the solicitor general to attend the ongoing Constitution bench session.”
READ ALSO: CBI Uncovers Forgeries in West Bengal School Recruitment Scandal
The Court decided to reschedule the hearing for Thursday. The justices also emphasized the urgency of concluding the arguments before the Supreme Court‘s summer recess begins on May 20.
This case involves the state government contesting the involvement of the CBI in certain legal matters, and the upcoming court session will be crucial in determining the extent of the CBI‘s authority and involvement in these issues. The hearing will likely address the arguments from both the state and the federal investigative agency, setting a significant precedent for how similar cases are handled in the future.
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