The Supreme Court strongly criticized the Union government for failing to ensure legal representation in the important case filed by the State of West Bengal against the Central Bureau of Investigation (CBI) regarding the agency’s suo motu registration of cases despite the state withdrawing its general consent.

This matter was scheduled before a bench comprising Justice BR Gavai and Justice AG Masih for framing legal issues. However, the absence of a legal representative from the Union’s side raised concerns about the seriousness with which the government was handling the dispute.

Expressing displeasure, Justice BR Gavai addressed Solicitor General Tushar Mehta, who was present in a different case, stating:

"Mr. Solicitor, in that Bengal matter, nobody was present. It [shows] a very sorry picture, that the Union is not interested in an important matter. There are so many law officers, so many senior counsels on your panel...not a single lawyer is present?"

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The Solicitor General (SG), without offering any justification, acknowledged the lapse and apologized to the Court, admitting that it was a mistake.

During the proceedings, Senior Advocate Kapil Sibal, representing the West Bengal government, informed the Court that the state had submitted draft issues in December 2024. Given this, Justice Gavai noted that the Union had enough time to respond. However, since the Solicitor General requested additional time, the bench allowed the Union two more weeks, emphasizing that this was the last opportunity to address the matter.

Background of the Case

The dispute stems from November 2018, when the West Bengal government withdrew its general consent for the CBI to investigate cases within the state. Despite this withdrawal, the CBI continued to suo motu register FIRs related to incidents occurring within West Bengal.

In 2021, the West Bengal government filed a suit under Article 131 of the Indian Constitution, which grants the Supreme Court original jurisdiction in disputes between the Centre and a State. The state argued that, under the Delhi Special Police Establishment Act of 1946, the CBI could not operate within West Bengal without the state’s consent.

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The Union government had initially challenged the maintainability of the suit, arguing that West Bengal had suppressed material facts. However, in July 2024, the Supreme Court dismissed the Union’s objections, ruling that the state's plaint disclosed a valid cause of action. The Court also rejected the argument that the state had withheld crucial information, allowing the case to proceed for framing of legal issues.

The case involves senior legal representatives:

• For West Bengal: Senior Advocate Kapil Sibal, along with Advocate-on-Record Kunal Mimani
• For the Union: Solicitor General Tushar Mehta

Case Title:- State of West Bengal v. Union of India | Original Suit No. 4 of 2021