Bengal has no unfettered right to deny CBI probe: Center

New Delhi, Dt
The state government does not have the unfettered right to stop the CBI from conducting investigations in West Bengal and the CIA has the right to investigate cases affecting the whole of India or Central government employees in West Bengal, the Center told the Supreme Court. The West Bengal government has alleged that the CBI is investigating cases of post-election violence without seeking the state's prior approval, while seeking permission under the law.
In response to the Mamata government's argument that the state government has the power to deny CBI probe in West Bengal, the Center has filed an affidavit in the Supreme Court saying that the Center has not filed any case in West Bengal and is not investigating any case.
The 50-page affidavit filed by the Personnel and Training Department, however, states that in the present case, every request of the Bengal government is directed to stop the Central Government from investigating any case or to cancel the cases registered by the Central Government. On the other hand, the FIR in this case has been registered by the CBI and is being investigated, but surprisingly, the CBI which registered the FIR and investigated the case has not been made a party in this.
The Centre's affidavit said that several cases involving employees of the Central Government or which have a nationwide impact or involving more than one state are being investigated by the CBI. It is always desirable in the wider interest of justice for the Central Investigation Agency to investigate such cases. The consent of the West Bengal government was sought for some of the cases, but it is not clear why the state government is obstructing such investigations. West Bengal does not have the unfettered right to withdraw the CBI's probe. The Central Investigation Agency has the power to investigate cases against Central Government employees or that have a nationwide impact. It does not violate the rights of the state.
The CBI has registered several FIRs in cases of post-election violence in West Bengal. The state government has asked the apex court to stay the probe into the FIR registered by the CBI on the orders of the Calcutta High Court in post-election violence cases. The next hearing in the case will be held on November 18.