The Center on Tuesday told the Supreme Court that it has nothing to do with the registration and investigation of cases by the CBI, saying the agency is autonomous and derives its powers from the Delhi Special Police Establishment Act, 1946 (DSPE Act). .
The court was hearing a case filed by the West Bengal government challenging a Calcutta High Court order directing a CBI probe into alleged cases of murder and crimes against women during the post-poll violence in the state. was given.
Appearing for the Centre, Attorney General KK Venugopal told a bench headed by Justice L Nageswara Rao: “The Union of India has nothing to do with the DSPE Act or registration of criminal cases under Section 6 of the Act. Only officers can register a case under the Act. The suit cannot be filed where the CBI is not a party, but the Centre.
Senior advocate Vishwajit Bhattacharya, appearing for the state government, submitted that CBI is autonomous only when it has jurisdiction. He said the agency’s action is nil since November 16, 2018, when the state government withdrew the consent under section 6 of the DSPE Act, 1946.
Bhattacharya said the matter lies between the power of the Center under sections 2, 3, 5, allowing the CBI to investigate in West Bengal and the state government’s concurrence under section 6.
The AG said that the CBI is completely autonomous, even from the Central Vigilance Commission. He said that though the CVC has been given the power to oversee the CBI in relation to investigation of offenses under the Prevention of Corruption Act, it cannot ask the agency to investigate or dispose of the matter in any particular manner.
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