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"There are several statutory provisions, where institutions are established by Central government, that dont make them under the supervision of the Centre...", the court was told yesterday
The Supreme Court on Wednesday reserved its order on the maintainability of the original suit filed by State of West Bengal challenging CBI's probe of cases in the state despite no consent being granted by it.
Solicitor General Tushar Mehta while submitting his rejoinder submission told court that West Bengal's submission of CBI being a police force of the Union was a devastating statement.
"They say CBI is a police force of the Union, that is a devastating statement..Police is not a subject entrusted to the central government...", the SG said.
Court was further told that power of investigation did not include in the Centre to direct CBI to register an FIR against a particular person as per Section 5 of Delhi Police Special Establishment Act.
"Administrative control of CBI is with the Director not the central government..There are several PSUs created by the central government, but their day-to-day work is not governed by the Centre..Central government cannot direct the CBI to register a case, it can only be done through the HC's order or by its own motion..DoPT never registers a case, there is no investigation by it..it is only a cadre controlling authority..", the SG stressed.
Senior Advocate Kapil Sibal, on behalf of West Bengal told court that filing of an SLP under Article 136 did not exclude the jurisdiction of Article 131 for an original suit. "The court has to decide only on the ground that after withdrawal of consent can CBI register a case..", Sibal added.
On May 2, SG had told a bench of Justices BR Gavai and Sandeep Mehta that CBI has a separate legal and functional identity outside of the Union of India.
"The supervision of CBI is not with Union of India, Union cannot supervise how an investigation will take place, or how a chargesheet will be filed..", SG had added.
State of West Bengal had flagged the issued of Enforcement Directorate being brought in through the case being investigated by CBI. "Once you don't allow CBI, the ED enters, it has huge ramification on the polity of the state..as far as supervision is concerned, all other aspects are under the Centre...", Sibal had said.
Case Title: State of West Bengal vs. Union of India
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