Is West Bengal suit alleging Centre's misuse of CBI maintainable? Supreme Court reserves judgment

The Supreme Court on Wednesday reserved its verdict on the maintainability of the original suit filed by the State of West Bengal against the Central government over the latter's alleged misuse of the Central Bureau of Investigation (CBI). [State of West Bengal v. Union of India].A Bench of Justices BR Gavai and Sandeep Mehta finished hearing rejoinder arguments of Senior Advocate Kapil Sibal for the State and Solicitor General (SG) Tushar Mehta for the Union government today..The suit filed by the Trinamool Congress government highlights that the State has withdrawn general consent for the CBI to investigate cases. Therefore, it has been contended that the CBI can no longer proceed with probes in West Bengal.If the CBI is allowed to enter a State for investigation, the Enforcement Directorate (ED) generally follows suit and the same has huge implications for Indian polity, the West Bengal government had argued in the last hearing. .CBI independent, West Bengal government cannot sue Central government over CBI cases: Centre to Supreme Court.The hearings witnessed several interesting exchanges between SG Mehta and Sibal.The SG today said that the ED only enters a State to help count the huge amount of cash seized from money laundering accused.Sibal refuted the SG's preliminary objection that the State ought to have moved the High Court instead of the apex court."If [Article] 226 is the way to go, by the time relief comes, probe will be done. Nobody can stop it. Matter will be disposed of 4-5 years after notice and chargesheet will have been filed. [This is] Certainly against our constitutional scheme. My friend's proposition itself will destroy the federal structure of this country.".SG Mehta stated that there was no cause of action in the State's suit, owing to which it can be rejected."Central government constitutes High Courts also. Like recently for Telangana. That does not mean it is under us. Someone has to establish. Central government cannot direct registration of (CBI) FIR.".The Bench then grilled the SG as to which authority was responsible for enforcing the Delhi Special Police Establishment Act, under which the CBI was constituted and operates.The SG said that the administrative control of the central agency is with its Director, not the Union government. He added,"CBI is rightfully not joined (as party) as they are well aware it cannot be. It is devastating to say that CBI is a police force of the Union! CBI is not!" The Bench, however, pointed out that the Director cannot issue notifications for appointments unlike Union Ministries.The Court allowed parties to file short written notes on their rejoinder submissions, and then proceeded to reserve its verdict on the maintainability of the suit..The present case arose following the results of the State Legislative Assembly elections in West Bengal in May 2021.After the elections, many persons who had to flee their houses due to the violence approached the High Court claiming that they were not being allowed to return home by the workers of the ruling TMC.On May 31, the Calcutta High Court ordered the formation of a three-member committee to ensure that persons displaced by post-poll violence in the State were able to return to their houses.Thereafter, the High Court proceeded to call for intervention by the National Human Rights Commission (NHRC). Subsequently, NHRC Chairperson Justice Arun Mishra constituted a seven-member committee to inquire into complaints regarding post-poll violence.The committee submitted a report accusing the TMC of turning affairs in the State into the "law of ruler", instead of a "rule of law", and called for a CBI probe in the matter, and for the case to be tried outside the State..The State government strongly contested the NHRC report, questioning the impartiality of the human rights body. It proceeded to file an original suit against the Central government in the matter, wherein it also questioned the High Court's decision to order a CBI probe in the matter.In September 2021, the Supreme Court issued notice to the Central government on this plea.In response, the Central government told the Supreme Court that orders of a State government to withdraw consent for CBI probes or a sweeping order withdrawing consent in all such cases would amount to an ultra vires exercise of power under Section 6 of the Delhi Special Police Establishment Act.