New Delhi: In a blow to the Centre, the Supreme Court held the suit filed by the West Bengal government challenging the registration of cases by the CBI in the Sandeshkhali incident without its prior consent was valid and maintainable.
The apex court on Wednesday rejected the preliminary objections raised by the Centre. The bench, comprising Justices BR Gavai and Sandeep Mehta, maintained that the plaint of the West Bengal government disclosed a cause of action. According to a report in Live Law, the bench also rejected Centre’s argument that the state had suppressed material facts in the plaint.
The court had noted that the state government had withdrawn general consent to the CBI in 2018 and so the central probe agency could not have continued to register FIRs regarding offences within the state.
“We have considered the DSPE (Delhi Special Police Establishment) Act and Supreme Court rules. It cannot be said that West Bengal has not made out any case against Centre,” the bench stated, according to a NDTV report.
According to section 6 of the DSPE Act, 1946, the CBI must obtain consent from respective state governments to conduct investigations in their jurisdiction.
In its plea, the state government had argued that the CBI was functioning ‘under the superintendence of the Central government.’
“We find the present suit is raising a legal issue whether after the withdrawal of the general consent, the CBI can continue to register FIRs and investigate cases in violation of section 6 of DSPE act…,” the bench stated. However, the bench stated that the present findings were only for the purpose of determining the maintainability of the plaint and would not impact the suit finally.
The next date of hearing in the case is on August 13.
The order comes a day after the apex court had dismissed the state’s challenge to the Calcutta High Court order directing the CBI to probe allegations of land grabbing and sexual assault in Sandeshkhali.
Reacting to the development, the Trinamool Congress—the ruling party in West Bengal— said the verdict made it clear that no one could meddle with a state’s law and order.
“Truth always wins! This decision by the apex court is a lesson to those who want to undermine a democratically elected state government by misusing central agencies. Any threat to our foundational principle of federalism will not be accepted,” the party wrote on X.
The CBI is presently investigating multiple charges of sexual assault, land grabbing, and ration scam against Shahjahan Sheikh – a former TMC leader and local strongman – and his aides in Sandeshkhali.
