Supreme Court dismisses Centre’s petition, upholds WB’s complaint against CBI

Supreme Court dismisses Centre’s petition, upholds WB’s complaint against CBI

New Delhi: The Central Bureau of Investigation is under the supervision of the Union government as per the statutory scheme, the Supreme Court said on Wednesday while dismissing the Centre’s objection to maintainability of a suit filed by West Bengal challenging the federal agency’s action in continuing investigation into cases in the state despite withdrawal of general consent.

West Bengal had withdrawn the blanket consent allowing the CBI to investigate cases or conduct raids in the state on November 16, 2018.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 Supreme Court said: “We further hold that the establishment, exercise of powers, extension of jurisdiction and supervision of the DSPE are all within the competence of the Government of India.”

“In our view, the CBI is an organ or agency established by and under the supervision of the Government of India in view of the statutory scheme as enacted under the DSPE Act,” a bench of Justices BR Gavai and Sandeep Mehta said while ruling that the suit was admissible.