Upon the dais of the Supreme Court, the legal representative of the Union, Solicitor General Tushar Mehta, expounded that the Central Bureau of Investigation (CBI) does not fall within the realm of influence of the Union of India. Mehta, in his preliminary arguments before a panel consisting of justices BR Gavai and Sandeep, rebutted a legal action initiated by the West Bengal administration against the agency’s pursuit of investigations sans the requisite consent from the state. The government of West Bengal had rescinded its blanket authorization granted to the CBI in November 2018, curtailing its authority to launch probes or execute searches within the state.
Mehta articulated, “It remains undisclosed that the CBI instigated these cases under the behest of the judiciary, and this constitutes the crux of my argument. The litigation proffered by the West Bengal government is astutely crafted. I hereby declare my readiness to assert that I shall abstain from instituting any legal action pertaining to the state of West Bengal. By ‘I,’ I refer to the Union of India.”
He continued, “It is posited that the Union of India has neither initiated any legal proceedings, nor does it possess the jurisdiction to do so, as is manifest from the enumerated prayers. Every entreaty within the lawsuit is aimed at either restraining the Union of India from investigating or annulling cases allegedly initiated by the Union of India.”
The Solicitor General further expounded, “Conversely, as per the extant legal proceedings, it is the CBI that has registered the FIRs and is spearheading the investigations. However, the CBI has not been impleaded as a party to the litigation, as it evidently cannot be, in light of the stipulations of Article 131. It is germane to mention that should the present lawsuit be adjudicated in favor of the plaintiff against the defendant by this court, the ensuing decree would remain binding upon the current defendant. The decree might not culminate in a final adjudication.”
Mehta underscored, “The CBI operates independently of the Union of India,” contending that the cases cited in the state’s litigation have not been instigated by the Union. The proceedings in the case are presently ongoing.
The West Bengal government has instigated an original litigation against the Union under Article 131 of the Constitution, alleging that the CBI has persisted in filing FIRs and advancing with its inquiries, notwithstanding the state’s retraction of general authorization for the federal agency to probe cases within its territorial confines.
