[BREAKING] West Bengal’s Suit Against Central Govt. Over CBI Misuse is Maintainable: Supreme Court

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The Supreme Court rejected the Centre’s argument challenging the suit filed by the Bengal government, which alleged that the Central Bureau of Investigation (CBI) had persisted in registering and investigating cases despite the state’s revocation of general consent.

NEW DELHI: Today (10th July):The Supreme Court has ruled that the suit filed by West Bengal against the Centre regarding the misuse of CBI is maintainable. The Court stated that there was no material suppression by West Bengal in the suit, and the plaintiff state has successfully proven the cause of action.

The Bench consisting of Justice BR Gavai and Justice Sandeep Mehta stated,

These findings will not affect the suit’s decision as it is based on its own merits, “The suit shall proceed in accordance with the law.”

On Wednesday, the Supreme Court scheduled further hearing for August 13.

The Supreme Court rejected the Centre’s argument challenging the suit filed by the Bengal government, which alleged that the Central Bureau of Investigation (CBI) had persisted in registering and investigating cases despite the state’s revocation of general consent.

The suit, filed by the Trinamool Congress Government, argues that the State has withdrawn general consent for the CBI to investigate cases, thereby preventing the agency from proceeding with probes in West Bengal.

Earlier, a Bench comprising Justice BR Gavai and Justice Sandeep Mehta concluded the hearing of rejoinder arguments presented by Senior Advocate Kapil Sibal representing the State and Solicitor General (SG) Tushar Mehta representing the Union government.

During the hearings, Solicitor General Tushar Mehta stated that the ED’s entry into a State is primarily to assist in counting the large amounts of cash seized from money laundering suspects.

However, Senior Advocate Kapil Sibal refuted this claim and argued that the State should have approached the Supreme Court instead of the High Court, as the relief sought would be delayed in the latter.

The Solicitor General contended that there was no cause of action in the State’s suit, which could lead to its rejection. He further highlighted that the administrative control of the CBI lies with its Director, and not the Union Government. 

The Bench questioned the Solicitor General on the authority responsible for enforcing the Delhi Special Police Establishment Act, under which the CBI operates.

The case originated from the State Legislative Assembly elections in West Bengal in May 2021, where violence erupted, resulting in people being displaced from their homes.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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