Centre has nothing to do with registration of cases by CBI: Attorney General KK Venugopal to Supreme Court

The Central Bureau of Investigation (CBI) is a statutorily maintained body and cannot be interfered with even by the Central Government with regard to the manner in which the CBI investigates a case, Attorney General KK Venugopal told the Supreme Court on Tuesday (State of West Bengal v. Union of India) .

. Venugopal, representing the Central government, therefore, took objection to a suit by West Bengal government which had added the Central government as party to a suit filed against CBI but had not added CBI as a party.

"UOI has nothing to do with registration of criminal cases under DSPE Act or under Section 6 of the act. Only officers under the Delhi Special Police Establishment Act can register a case. A suit cannot be filed where CBI is not a party but the Centre is," the AG said.

The Bench headed by Justice L Nageswara Rao was hearing a suit filed by West Bengal government challenging the Calcutta High Court decision to order a probe by the Central Bureau of Investigation (CBI) into cases of murder and crimes against women that allegedly took place during post-poll violence in the State.

The West Bengal government, in its original civil suit under Article 131 of the Constitution (original jurisdiction of Supreme Court with respect to Centre-State disputes), had referred to the provisions of the Delhi Special Police Establishment Act 1946, and said the central agency has been proceeding with investigations and filing FIRs without getting the nod from the State government as mandated under the statute.

A Bench of Justices Vineet Saran and Aniruddha Bose had on September 28, sought the response of the Centre and other respondents.

The Centre in its reply affidavit contended that an order of a State government to withdraw consent for Central Bureau of Investigation (CBI) to probe any case or a sweeping order withdrawing consent in all cases, would amount to an ultra vires exercise of power under Section 6 of the Delhi Special Police Establishment Act

The power of the State government to give consent for an investigation by the CBI, cannot and would not include a right of an omnibus power, to pass over-arching sweeping directions not to grant consent in any case or withdraw the consent already granted, the affidavit filed by the Centre said.

. When the matter was taken up for hearing on Tuesday, AG Venugopal said that the CBI and its officers are completely autonomous even from the Central Vigilance Commission (CVC).

He said that CVC Act has been given power under CVC Act to exercise superintendence over CBI in relation to investigation of offences alleged to have been committed under the Prevention of Corruption Act.

But even CVC cannot ask CBI to investigate or dispose of a case in a particular manner, he added.

"DSPE and its officers are autonomous and even the CVC cannot interfere with their power of investigation. Claim of the petitioner is against the CBI. Then how can centre be made a party ?" he demanded.

. The Court eventually adjourned the matter for two weeks asking Centre to a vakalatnama.

. [Read Order]

Centre has nothing to do with registration of cases by CBI: Attorney General KK Venugopal to Supreme Court

Debayan Roy

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