SC says West Bengal's lawsuit against Centre challenging CBI FIRs in state ‘maintainable’

The Supreme Court on Wednesday ruled that West Bengal's lawsuit challenging the central government's directive allowing the Central Bureau of Investigation (CBI) to conduct investigations within the state is legally maintainable.

The Mamata Banerjee government had contested the Centre's authorization for the CBI to investigate cases in West Bengal without the state's consent.

Justices BR Gavai and Sandeep Mehta ruled that West Bengal's lawsuit against CBI probes, despite the state's withdrawal of consent, will proceed on its own merits.

The case is scheduled for issue framing on August 13.

West Bengal, represented by senior advocate Kapil Sibal, argued that the state withdrew its consent on November 16, 2018, and the CBI should not be allowed to conduct investigations without it. 

In response, Solicitor General Tushar Mehta contended that the Union government does not control CBI investigations and raised preliminary objections, claiming no cause of action against the Union.

The West Bengal government has invoked Article 131 of the Constitution, which grants the Supreme Court original jurisdiction in disputes between the Centre and states. 

The state alleges that the CBI continues to file FIRs and conduct investigations despite the withdrawal of consent, challenging the federal agency's authority to operate within its territory.