The central government on Thursday told the Supreme Court that the Central Bureau of Investigation (CBI) is an independent agency and does not function under the control of the Union of India as it opposed West Bengal’s suit against the Centre over the CBI probes in the state.

Appearing for the central government, Solicitor General Tushar Mehta said this to a bench of Justice BR Gavai and Justice Sandeep Mehta, while raising preliminary objections to the maintainability of the West Bengal government’s original suit against the central government over the central agency probing the post-poll violence cases and registering FIRs without mandatory consent of the state government.

The central government has sought dismissal of the West Bengal government’s suit at the threshold itself.

In year 2021, the West Bengal government filed an original suit in the top court against the Centre under Article 131 of the Constitution, alleging that the central agency – CBI – has been registering FIRs and going ahead with its investigation, despite the state having withdrawn the general consent to the central agency to investigate cases within its territorial jurisdiction.

Under Article 131 of the Constitution of India, the Supreme Court has original jurisdiction to adjudicate any dispute between the central government and one or more states. Thus, in the event of any dispute between a state and the central government, the state government can approach the Supreme Court invoking its original jurisdiction under Article 131 of the Constitution.

Stating that the CBI being an independent agency is not under the control of the central government, Solicitor General Mehta told the bench that thus the central government cannot be sued in the matter.

Having argued to drop the central government from the case, the Solicitor General further contended that since CBI is an independent agency, it cannot be made subject of an original suit under Article 131 of the Constitution.

Having argued this, Solicitor General Mehta said that the cases referred to in West Bengal’s suit have not been filed by the Union of India.

“CBI is not under Centre and cannot be subject of an original suit. The Union of India has not registered any case. CBI has registered it,” the Solicitor General told the bench.

Appearing for the West Bengal government, senior advocate Kapil Sibal told the bench that the CBI cannot be viewed as an independent “statutory” authority and the central agency cannot investigate cases concerning West Bengal without the state government’s general consent.

“It (CBI) is an arm of the government. Even the police are the investigative arm of the state government. They are regulated by statute but are not a statutory authority in itself,” Sibal argued.

The hearing in the case will continue on May 8.

The West Bengal government on November 16, 2018, had withdrawn the “general consent” accorded to the CBI to conduct probes and raids in the state.

The West Bengal government in its suit while referring to provisions of the Delhi Special Police Establishment Act 1946 said that the CBI has been proceeding with the investigation and registering FIRs without getting consent from the state government as mandated under the statute.

The state government had sought a stay of investigation in FIR registered by the CBI in cases of post-poll violence in West Bengal in pursuance of the Calcutta High Court order.

The state government has said that as the general consent given to the central agency by the Trinamul Congress government has been withdrawn, the FIRs lodged cannot be proceeded with.

Earlier, the Centre had told the top court that it has nothing to do with the post-poll violence cases registered by the CBI in West Bengal and the lawsuit filed by the state government in which the Union of India is made a party is not maintainable.

The Centre had stated that the CBI being an autonomous body set up under the special Act of Parliament is the agency that is registering and investigating cases and the Centre had no role in it.

In its affidavit, the Centre had stated that West Bengal’s power to withhold consent to the CBI is not absolute and the probe agency is entitled to carry out investigations that are being carried out against the central government employees or have a pan-India impact.