Modi Government Asserts CBI Autonomy in Supreme Court Amidst West Bengal’s Lawsuit

The Modi government informed the Supreme Court on Thursday that the Central Bureau of Investigation (CBI) operates independently and is not under its control. This response comes in light of a lawsuit filed by the West Bengal government, alleging the agency’s overreach in conducting investigations without the state’s consent.

The Mamata Banerjee-led Trinamool Congress Party (TMC), governing West Bengal, filed an original suit under Article 131 of the Constitution, asserting that despite the state withdrawing general consent for CBI probes within its jurisdiction, the agency continued its investigations.

Solicitor General Tushar Mehta, representing the Centre, clarified to a bench of Justices B R Gavai and Sandeep Mehta that the Union of India had not registered any cases; rather, it was the CBI acting independently. He emphasized that the CBI functions autonomously and is not subject to central government control.

The backdrop to this legal dispute dates back to November 16, 2018, when the West Bengal government withdrew the “general consent” granted to the CBI for conducting investigations or raids within the state.

The Supreme Court adjourned the hearing on West Bengal’s challenge against the Calcutta High Court’s order for a CBI investigation into allegations of land grabbing and sexual assault in Sandeshkhali until July.

The West Bengal government approached the Supreme Court to contest the Calcutta High Court’s directive for a CBI probe into cases related to land grabbing and sexual assault in Sandeshkhali, issued on April 10.

Following the High Court’s order, the CBI initiated an FIR against five individuals and unidentified others on April 25, as part of its ongoing investigation into the allegations concerning land grabs and harassment of women in Sandeshkhali.

The legal tussle underscores the complex relationship between state autonomy and central investigative agencies, raising significant constitutional questions about jurisdiction and authority.

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