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Understanding The CBI: Is It Truly Independent? Insights From Kapil Sibal’s Questioning

Understanding the CBI: Is it Truly Independent? Insights from Kapil Sibal’s Questioning.

Understanding the CBI: Delve into the debate over the CBI’s independence from the Center as Kapil Sibal challenges its status.

Get the latest on the clash between the Central and West Bengal governments in the Supreme Court.

In response to the government’s claim that the CBI is independent of the Center, Kapil Sibal questioned: So what exactly is the CBI?

The Central Government on Thursday objected to the West Bengal Government’s case in the Supreme Court, saying that this case is not worthy of hearing.

Understanding the CBI: According to the Center, the Central Government does not have authority over the CBI.

CBI cannot be considered a central government department. CBI is a legislative body under the Delhi Special Police Establishment (DSPE) Act.

On the other hand, the West Bengal government opposed the arguments of the central government and said that when the state government has withdrawn the consent for the CBI investigation, so how can the CBI open an investigation and register a case?

The matter will be debated again next week. On November 16, 2018, the West Bengal government withdrew its general agreement for the CBI to conduct a probe in the state.

But in many cases, the CBI is investigating in West Bengal.

Many cases are directed by the court.

The matter was heard on Thursday by the bench of Justice BR Gavai and Sandeep Representing the Center, Solicitor General Tushar Mehta objected to the lawsuit, stating that it could not be pursued.

He said that under Article 131, a case can be filed only when the dispute is between one or more states and the Centre.

When the conflict involves two or more parties or one side is made up of one or more states, and the other side is made up of the Center and a state. It affects more than 100 states.

This is not so in this case. Mehta stated that the CBI had filed a complaint. The Center has no authority over the CBI. CBI cannot be considered a central government department.

In any case, the state administration has concealed the existence of related cases that are still ongoing in other petitions, therefore this case is not worth hearing.

If the issue raised in the case is pending anywhere, then the original suit cannot be filed on that issue under Article 131.

On the other hand, Kapil Sibal, appearing for the West Bengal government, said that what is CBI, it is an investigating agency and not a legislative authority.

It is a part of the government to investigate, just like the police in the federal system, the CBI is not allowed to enter a state if the state has revoked the general consent.

If we look at the aspect of monitoring of CBI investigation, then monitoring of only corruption cases comes under CVC, and all other cases come under the Central Government.

CBI cannot say that it will not listen to the Center and it is an independent agency.

 

Amit Kaul

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