New Delhi: The Supreme Court ruled on Wednesday that the lawsuit filed by the West Bengal government against the alleged misuse of the Central Bureau of Investigation (CBI) by the central government is maintainable.
The case was heard by a Supreme Court bench comprising Justices BR Gavai and Sandeep Mehta.
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The Supreme Court determined that the state’s complaint presented a valid cause of action, thereby rejecting the union government’s argument of material suppression of facts.
“The contention of the Union is rejected. The suit by West Bengal shall proceed in accordance with law. We observe that these findings will have no bearing when the suit is decided on its own merits,” stated the Court.
The bench further noted that the West Bengal government had indeed established a prima facie case against the defendants, which include the Central government and the CBI.
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The suit raises significant legal questions about the authority of the CBI to register and investigate cases after a State revokes general consent, potentially in violation of Section 6 of the Delhi Special Police Establishment (DSPE) Act.
The Supreme Court has scheduled a hearing for August 13 to frame the issues for the case.
The original suit, filed by the Trinamool Congress (TMC)-led West Bengal government, accuses the central government of using the CBI to target state governments.
The West Bengal administration contends that after it withdrew general consent for the CBI to investigate cases within the state, the agency no longer had jurisdiction to conduct probes there.
Moreover, the West Bengal government argues that if the CBI is permitted to operate in the state, it typically leads to involvement by the Enforcement Directorate (ED), which has substantial implications for the political landscape in India.