SC bars political arguments, directs West Bengal and Centre
The Supreme Court restrains political arguments in the West Bengal-Centre dispute over CBI investigations, focusing solely on legal issues.
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The Supreme Court has decided not to allow the Centre or the West Bengal government to bring up any political matters during discussions about the state's complaint. This complaint alleges that despite West Bengal withdrawing general permission for the CBI to conduct investigations, the agency is still proceeding with them.
Justices Sandeep Mehta and B R Gavai made it clear that they're only focusing on legal matters and won't entertain political arguments. They've reserved their decision on whether the state's complaint is valid.
Kapil Sibal, representing West Bengal, argued that once the state withdrew its consent in November 2018, the Centre couldn't let the CBI continue investigations within the state.
On the other hand, Solicitor General Tushar Mehta, representing the Centre, stated that the Union government doesn't have direct control over CBI investigations. He emphasised that their discussion was purely technical and not political.
During the discussion, Sibal referred to the Delhi Police Special Establishment Act, stating that the state had the right to decide whether the CBI could operate within its borders.
In response, Mehta argued that there's no legal basis for the state's complaint against the Centre. He clarified that the Department of Personnel and Training doesn't initiate investigations and can't direct the CBI to do so.
The Centre has objected to the lawsuit filed by West Bengal, arguing that there's no valid reason to involve the Union government. The lawsuit, filed under Article 131 of the Constitution, alleges that, despite the state's withdrawal of consent, the CBI is continuing its investigations.
Article 131 gives the Supreme Court jurisdiction in disputes between the Centre and one or more states. Since November 16, 2018, West Bengal has revoked its general consent for CBI investigations within the state.