SC upholds Bengal government's suit claiming CBI probing cases despite state's withdrawal of consent

Supreme Court

The Supreme Court on Wednesday held as legally maintainable the suit moved by the West Bengal government against the central government's directive allowing the Central Bureau of Investigation or CBI to conduct investigations within the state's jurisdiction.

The Mamata Banerjee government had challenged the Centre over the CBI investigating West Bengal cases without the state's consent.

The court noted that as West Bengal had withdrawn general consent for the CBI in 2018, the agency could not have continued to register FIRs in respect of the offences within the state.

The Supreme Court bench, comprising Justices BR Gavai and Sandeep Mehta, also rejected preliminary objections of the Centre on maintainability of the suit and the argument that Bengal had suppressed material facts.

The Supreme Court said the Bengal government's suit on the CBI probing cases despite withdrawal of consent by state shall proceed in accordance with law on its own merits. The apex court also observed that such an action will have wide ramifications for India's federalism.

The West Bengal government had filed an original suit in the apex 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alleging that the CBI has been filing FIRs and proceeding with its investigation, despite the state having withdrawn the general consent to the federal agency to probe cases within its territorial jurisdiction.