The Centre on Thursday has told the Supreme Court that the CBI is not under the “control” of the Union.
The West Bengal government has filed an original suit in the top court against the Centre under Article 131 of the Constitution, alleging that the CBI has been filing FIRs and proceeding with its investigation, despite the state having withdrawn the general consent to the federal agency to probe cases within its territorial jurisdiction.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 the Supreme Court’s original jurisdiction in a dispute between the Centre and one or more states.
Solicitor General Tushar Mehta, appearing for the Centre, told a bench of Justice BR Gavai and Justice Sandeep Mehta that Article 131 of the Constitution is “one of the most sacred” jurisdiction conferred upon the top court and this provision can’t be allowed to be misused & abused.
He stated that the cases referred to in the state’s suit have not been filed by the Union of India.
Mehta said, “The Union of India has not registered any case. CBI has registered it,” adding, “CBI is not under the control of the Union of India”. The hearing in the matter is underway.
Previously on November 16, 2018, the West Bengal government withdrew the “general consent” accorded to the Central Bureau of Investigation to conduct a probe or carry out raids in the state.
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