States’ power to withhold consent for CBI probe not absolute: Govt

Tribune News Service

New Delhi, October 22

The Centre has told the Supreme Court that the power of state governments to withhold consent to the CBI was not absolute and the probe agency was entitled to carry out investigations that were being carried out against Union Government employees or had a pan-India impact.

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In an affidavit filed in the Supreme Court, it opposed the West Bengal Government’s plea challenging the CBI’s decision to register FIRs in relation to offences within the state, despite the state government withdrawing the general consent given to the CBI.

Fight over jurisdiction

The CBI is entitled to investigate all offences relatable to the entries in List 1 where laws made under those entries create offences. Union Government in SC

A Bench led by Justice L Nageswara Rao deferred the hearing on the West Bengal Government’s suit filed under Article 131 to November 16. Following a Calcutta High Court order, the CBI has registered several cases of rape and murder against TMC workers and supporters in connection with post-poll violence in West Bengal without the state’s nod.

However, the Centre said, “The CBI is entitled to investigate all offences relatable to the entries in List 1 where laws made under those entries create offences. In addition thereto, it is always open to the Superior Court to direct such permission in select cases where it is found that the state police would not effectively conduct a fair and impartial investigation.

“As a result, each of the FIRs would have to be scrutinised separately for tracing it to the law under which the FIR is registered and the Entry in Schedule 7 to which the law relates.”