Patna (TIP)- Underlining that the CBI is an “independent legal person” with a “separate legal identity outside the Union of India”, the Centre on Thursday, Nov 9, questioned the logic of the West Bengal government filing an original suit against it to stop the agency from probing cases in the state after the general consent was withdrawn.
Appearing for the Centre, Solicitor General (SG) Tushar Mehta told a Supreme Court bench of Justices B R Gavai and Aravind Kumar that the independent existence of the CBI “is in fact a product of the judgments of” the apex court, “wherein the CBI was vested with a separate legal and functional identity”. The Centre said that while the CBI is the real party against which the state sought relief, it had not made the agency a party and had instead roped in the union government, as an original suit under Article 131 of the Constitution can be filed only in cases of disputes between the Centre and states. Mehta contended that as such, the suit was not maintainable.
Senior Advocate Kapil Sibal who appeared for West Bengal, said the suit “has nothing to do with the CBI, which” he said “is only a repository of that power”.
“It is one thing to say that the CBI’s superintendence is with the CVC. But it’s quite a different thing to say that the CBI has nothing to do with union government. Of course it does, it was created by the government’s notification.” Sibal said.