Supreme Court Upholds Maintainability Of West Bengal’s Suit Against CBI

The Supreme Court delivered a significant ruling on Wednesday, affirming the maintainability of West Bengal’s suit against the Central Bureau of Investigation (CBI) over its handling of post-poll violence cases without state consent.

A Bench led by Justice B R Gavai dismissed objections raised by the Union government regarding the suit’s validity under Article 131 of the Constitution.

The Court clarified that its decision on the suit’s maintainability pertained specifically to preliminary objections raised by the Centre and would not influence the suit’s final adjudication.

The matter, which will now proceed to framing of issues on 13 August, follows earlier arguments presented by Solicitor General Tushar Mehta for the Centre and senior advocate Kapil Sibal representing West Bengal.

The state government’s plea argues that the CBI violated provisions of the Delhi Special Police Establishment Act, 1946, by conducting investigations and filing FIRs without requisite state consent.

Conversely, the Centre contended that a state cannot issue blanket directives withdrawing consent for CBI probes and must justify such decisions on a case-by-case basis.

The Union’s Department of Personnel and Training (DoPT) underscored that consent withdrawal must be based on valid and substantial reasons.

The CBI’s involvement in multiple FIRs related to post-poll violence in West Bengal has been contentious, prompting the state government to seek a stay on these investigations following a Calcutta High Court order.

The Trinamool Congress government had earlier withdrawn general consent granted to the CBI for conducting probes within the state.

The Supreme Court had initially taken up the case in September 2021, issuing notices and subsequently deliberating over the legality and procedural aspects of the CBI’s actions vis-à-vis state consent requirements.

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