📷 Image Credits: NDTV
In a recent ruling, the Supreme Court has granted relief to the Mamata Banerjee government in its challenge against the Central Bureau of Investigation (CBI) over investigating cases in West Bengal without the state’s consent. The court’s decision came after a prolonged legal battle between the Bengal government and the Centre regarding the CBI’s jurisdiction in the state. The Mamata Banerjee government had approached the Supreme Court after the CBI initiated probes into various cases, including instances of sexual assault and land grabbing on the island of Sandeshkhali, despite opposition from Bengal.
The Supreme Court, comprising Justices BR Gavai and KV Vishwanathan, rejected the Centre’s argument that Bengal’s petition was not maintainable and emphasized that the case holds significant implications for federalism. The court highlighted Section 6 of the Delhi Special Police Establishment (DSPE) Act, 1946, which mandates the CBI to seek consent from state governments for investigations within their jurisdictions. The DSPE Act provides states with immunity from the Centre’s powers, reinforcing the importance of state consent in CBI probes.
The verdict also underlined the legal issue raised by Bengal regarding the CBI’s ability to file cases under the DSPE Act after the revocation of state consent. The court questioned whether the CBI can register and investigate cases without state consent, signaling a crucial legal standpoint that could impact future investigations by the agency. The next hearing in the case is scheduled for August 13, keeping the legal battle ongoing.
The CBI’s current investigations in Bengal pertain to charges of sexual assault, land grabbing, and a ration scam involving Shahjahan Sheikh, a former Trinamool Congress leader. Despite initial opposition from the Bengal government, the Supreme Court recently allowed the CBI to continue its probe into the Sandeshkhali case. The court’s decision to uphold Bengal’s challenge against the CBI probe showcases the complexities of the federal structure and the balance of power between the Central agency and state governments.