In a significant declaration to the Supreme Court, the Union government emphasized the autonomous nature of the Central Bureau of Investigation (CBI), stating that the agency operates independently without any direct control or superintendence from the Centre. This statement came during a hearing on Thursday, where the government opposed a petition by the West Bengal government, which accused the CBI of initiating investigations without the state’s consent.
The West Bengal government’s withdrawal of general consent in November 2018, under the Delhi Special Police Establishment (DSPE) Act, has led to a legal confrontation. The state has filed a suit against the Centre under Article 131 of the Constitution, seeking the Supreme Court’s intervention to halt CBI’s probe into 12 specific cases.
Solicitor General Tushar Mehta, representing the Centre, argued,
“CBI is not central government. If you want relief against CBI, you have to file against CBI. We have no superintendence or control over it. It is an independent body.”
This clarification delineates the distinct operational framework of the CBI, separating it from the direct influence of the central government.
The Supreme Court bench, comprising Justices BR Gavai and Aravind Kumar, acknowledged the administrative connection between the Centre and CBI but recognized the investigative freedom of the agency. Mehta further explained that the Department of Personnel and Training (DoPT) only handles administrative aspects like transfers and appointments within CBI and does not influence its investigative functions.
The Centre’s counsel sought the dismissal of the suit, asserting the absence of a cause of action against the Centre, given the DoPT’s limited role in CBI’s operational matters.
“If DoPT cannot direct registration of offence, setting aside of an offence, or monitoring of investigation, how can the suit lie against DoPT,”
Mehta questioned.
Countering this, senior advocate Kapil Sibal, representing the Bengal government, argued that the Centre does have a role in determining CBI’s jurisdiction under the DSPE Act. He emphasized the distinction between the Centre’s administrative role and the investigative superintendence by the Central Vigilance Commission (CVC) over CBI.
Sibal described the Centre’s stance as a mix-up of concepts, highlighting that unlike agencies like the National Investigation Agency or the Enforcement Directorate, CBI’s jurisdiction is determined through notifications issued by the Centre.
The Supreme Court is set to continue hearing this matter on November 23, as this legal debate over CBI’s autonomy and its operational dynamics with the Centre unfolds.
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