The Supreme Court ruled on Wednesday that the West Bengal government’s lawsuit challenging the Central Bureau of Investigation (CBI) conducting investigations in the state without its statutorily mandated prior consent is “maintainable.”
A bench comprising Justices Bhushan R Gavai and Sandeep Mehta dismissed the central government’s preliminary objections regarding the suit’s maintainability, affirming that it will proceed in accordance with the law before the apex court.
The court has scheduled the matter for further hearing on August 13.
In its petition filed before the Supreme Court, the West Bengal government alleged that despite the state’s revocation of general consent in November 2018, the CBI continued to register and probe cases in West Bengal.
The ruling Trinamool Congress party in West Bengal welcomed the Supreme Court’s decision, describing it as a victory for Chief Minister Mamata Banerjee and the Constitution.
“We welcome this recognition by the Supreme Court. It is not just a victory for Mamata Banerjee’s TMC government; it is a victory for the Indian constitution, cooperative federalism, parliamentary democracy, and the individual rights of states as enshrined in the Indian constitution,” said TMC leader Santanu Sen.
Sen also criticized the CBI, alleging it operates as the Bharatiya Janata Party’s (BJP) political tool, particularly targeting opposition-led states for BJP’s political advantage.
He further noted that besides West Bengal, several other states such as Tamil Nadu and Telangana have also withdrawn general consent for the CBI to initiate investigations within their jurisdictions.
“Despite the withdrawal of general consent, we have observed that the CBI continues to register numerous cases and conduct investigations, prompting our state to approach the Supreme Court,” Sen added.
