CBI is an independent agency, no control over it: Centre tells SC

New Delhi: Responding to West Bengal government’s plea in apex court, the Central government on Thursday told the apex court that it has no control over Central Bureau of Investigation.

Trinamool Congress administration accused the CBI of investigating several cases in the state without the state’s consent.

The Modi administration told that the division bench of Justices BR Gavai and Arvind Kumar that the central agency is a separate legal identity, Scroll reported citing Live Law.

The West Bengal government requested the court to issue directions to the Centre to stop CBI inquiry into 12 cases.

Representing the Centre, Solicitor General Tushar Mehta on Thursday told the court that CBI is an independent agency.

This comes as the Opposition accuses the agency of being politically partisan.

Mehta reportedly made it clear: ‘CBI is not a limb of the Centre. It is a statutory body under the Delhi Special Police Establishment Act.’

Explaining that the Centre exercise no ‘functional control’ over the agency’s investigations, he added it comes under the Centre’s Department of Personnel and Training as per the Allocation of Business Rules of the Union Government.

Mehta reportedly asked: 'If DoPT [Department of Personnel and Training] cannot direct registration of offence, setting aside of an offence, or monitoring of investigation, how can the suit lie against DoPT?’

Expanding further, he argued that the Central Vigilance Commission nevertheless having the power of superintendence over CBI does not influence the agency, and then Mehta sought to dismiss the West Bengal’s plea.

Appearing for West Bengal, senior advocate Kapil Sibal argued that the plea was not about CBI’s autonomy but about CBI’s jurisdiction to probe cases following the withdrawal of general consent.