West Bengal Government Challenges CBI’s Authority in Coal Case

In a recent court case, the West Bengal government said that the Central Bureau of Investigation (CBI) is like an “unwanted guest” in the state. They argued that the CBI should not investigate there because they took back permission for the CBI to operate in West Bengal.

The argument took place in front of two judges, Justices Vikram Nath and Sandeep Mehta. They were hearing cases involving a man named Anup Majee, who runs a company dealing with fuel. The CBI is looking into claims of illegal coal trading in an area called Asansol-Raniganj.

Senior lawyer Abhishek Singhvi, representing the West Bengal government, said, “Since the state took away the consent, the CBI has no right to continue their investigation.” He emphasized that the state does not have any involvement in the current criminal case against private individuals. The judges postponed the hearing to May 7 because a government lawyer, Tushar Mehta, was unavailable to present their case.

The CBI believes they have the right to investigate because the crime is linked to the Railways. They claim that since the crime happened on railway property, it falls under their jurisdiction. The bench had previously stopped Majee from being arrested.

The judges also wanted to know about a separate case where the state challenged the CBI’s authority to investigate without permission. West Bengal stopped giving the CBI consent to conduct investigations back on November 16, 2018.

The bench was informed that another judge had previously decided that the CBI operates under the control of the central government, allowing them to pursue investigations. However, West Bengal argues that since they withdrew consent in 2018, the CBI cannot investigate crimes that occurred in their territory.

Earlier this year, a high court judge ruled that the CBI cannot conduct investigations outside designated railway areas in West Bengal, while an earlier order allowed for a broader investigation.

In November 2020, the CBI conducted extensive searches in West Bengal, along with Bihar, Jharkhand, and Uttar Pradesh after beginning their investigation.