11th July 2024 (8 Topics)
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SC holds Bengal’s Suit Maintainable
Context
The Supreme Court held as legally maintainable the suit moved by the West Bengal government against the central government's directive allowing the Central Bureau of Investigation or CBI to conduct investigations within the state's jurisdiction.
Background
- The West Bengal government has filed an original suit in the apex court against the Centre under Article 131 of the Constitution, alleging that the CBI has been filing FIRs and proceeding with investigations despite the state having withdrawn the general consent to the federal agency to probe cases within its territorial jurisdiction.
- Article 131 deals with the Supreme Court's original jurisdiction in a dispute between the Centre and one or more states.
Can States bar CBI from functioning in their territory?
- The CBI is a national agency empowered with police authority. Its operational jurisdiction is primarily Delhi and Union Territories.
- Consent Requirement: The Delhi Special Police Establishment Act governs the CBI, mandating state government consent for investigations within their territories.
- Scope of CBI's Jurisdiction:
- Central Government Consent: The CBI investigates cases of national importance or those requiring specialized expertise beyond state police capabilities. Permission from the central government is necessary to conduct investigations within a state.
- Court Directives: Courts can instruct the CBI to investigate specific offenses or incidents within state boundaries, especially in cases involving corruption, impartiality concerns, or serious crimes.
- Cases Involving Central Government Personnel: The CBI has jurisdiction over offenses committed by central government employees or those associated with central government entities nationwide.
- Inter-State and International Cases: The CBI handles cases spanning state borders or with international implications, such as organized crime or economic offenses referred by other states or international agencies.
- State Cooperation: Effective investigation often requires collaboration with state police and local authorities, despite central government permissions or court orders.
In essence, while the CBI can investigate within a state's jurisdiction under specific circumstances outlined by law, its actions typically require consent from the central government or court directives to proceed.
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