The CBI is not under the "control" of the Union, the Central Government on Thursday told the Apex Court while raising preliminary objections on a lawsuit filed by the Govt of West Bengal on the agency going ahead with its probe in several cases without the prerequisite nod from the state.
The West Bengal Govt has filed an original suit in the Supreme Court against the Centre under Article 131 of the Constitution, alleging that the CBI has been filing FIRs & proceeding with its investigation, despite the state having withdrawn the general consent to the federal agency to probe cases within its territorial jurisdiction.
Article 131 deals with SC's original jurisdiction in a dispute between the Centre & one or more states.
Solicitor General Tushar Mehta, appearing for the Centre, told a bench of Justice B R Gavai & Justice Sandeep Mehta that Article 131 of the Constitution is "one of the most sacred" jurisdiction conferred upon the apex court & this provision can't be allowed to be misused & abused.
He said the cases referred to in the state's suit have not been filed by the Union of India.
"The Union of India has not registered any case. CBI has registered it," Mehta said, adding, "CBI is not under the control of the Union of India".
The hearing in the matter is underway.
On Nov 16, 2018, the West Bengal Govt withdrew the "general consent" accorded to the Central Bureau of Investigation (CBI) to conduct a probe or carry out raids in the state.
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