CBI not controlled by us, can’t supervise probe: Centre to SC

Satya Prakash

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New Delhi, May 2

Amid allegations of misuse of probe agencies against opposition leaders, the Centre on Thursday asserted before the Supreme Court that the CBI was not under its “control” and that it can’t supervise the registration of FIRs or probes by the agency.

Raising preliminary objections to maintainability of an original suit filed under Article 131 of the Constitution by the West Bengal Government on the CBI going ahead with its probes in several cases despite withdrawal of ‘general consent’ by the state, Solicitor General Tushar Mehta said the cases referred in the West Bengal Government’s suit had not been filed by the Centre.

“The Union of India has not registered any case. The CBI has done…The state has arrayed the Union of India represented by Secretary of the Department of Personnel and Training (DoPT) as a party in the suit… The CBI is not under the control of the Union of India,” Mehta told a Bench led by Justice BR Gavai which will resume the hearing on May 8.

“The supervision (of CBI) is not with the Union of India. I (Centre) can’t supervise either registration of the offence, I can’t supervise the investigation and I can’t supervise how it would lead to either a closure or a chargesheet or conviction or acquittal,” Mehta said, referring to provisions of the Delhi Special Police Establishment Act, 1946.