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Centre on Thursday questioned the logic of the West Bengal authorities submitting an unique swimsuit towards it to cease the company from probing instances within the state after the final consent was withdrawn.
Underlining that the CBI is an “independent legal person” with a “separate legal identity outside the Union of India”, the Centre on Thursday questioned the logic of the West Bengal authorities submitting an unique swimsuit towards it to cease the company from probing instances within the state after the final consent was withdrawn.
Appearing for the Centre, Solicitor General (SG) Tushar Mehta informed a Supreme Court bench of Justices B R Gavai and Aravind Kumar that the unbiased existence of the CBI “is in fact a product of the judgments of” the apex courtroom, “wherein the CBI was vested with a separate legal and functional identity”.
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The Centre stated that whereas the CBI is the true get together towards which the state sought aid, it had not made the company a celebration and had as a substitute roped within the union authorities, as an unique swimsuit beneath Article 131 of the Constitution will be filed solely in instances of disputes between the Centre and states. Mehta contended that as such, the swimsuit was not maintainable.
Senior Advocate Kapil Sibal who appeared for West Bengal, stated the swimsuit “has nothing to do with the CBI, which” he stated “is only a repository of that power”.
“It is one thing to say that the CBI’s superintendence is with the CVC. But it’s quite a different thing to say that the CBI has nothing to do with union government. Of course it does, it was created by the government’s notification.” Sibal stated.
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First revealed on: 10-11-2023 at 04:02 IST
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