SC rejects Centre’s plea, upholds WB’s suit on CBI

New Delhi: The Central Bureau of Investigation is under the superintendence of the Union government as per the statutory scheme, the Supreme Court held on Wednesday while rejecting the Centre’s objection to the maintainability of a lawsuit by West Bengal contesting the federal agency’s action of pressing ahead with investigation of cases in the state despite withdrawal of general consent.

West Bengal had withdrawn the general consent allowing the CBI to probe cases or conduct raids in the state on November 16, 2018.

Referring to various provisions of the Delhi Special Police Establishment (DSPE) Act, 1946, the top court said, “We further find that the very establishment, exercise of powers, extension of jurisdiction, the superintendence of the DSPE, all vest with the Government of India.”

“In our view, the CBI is an organ or a body which is established by and which is under the superintendence of the Government of India in view of the statutory scheme as enacted by the DSPE Act,” a bench of Justices B R Gavai and Sandeep Mehta said while ruling that the suit is maintainable.