In a significant development, the Supreme Court on Wednesday declared that West Bengal’s lawsuit against the Centre over the alleged misuse of the Central Bureau of Investigation (CBI) is maintainable. A bench comprising Justices Bhushan R. Gavai and Sandeep Mehta dismissed the Centre’s objections regarding the maintainability of the suit and scheduled a hearing on the matter for August 13.

The Supreme Court’s decision comes after the Bengal government accused the CBI of continuing to register and investigate cases in the state despite the revocation of its general consent. The Centre contended that the suit should not be maintainable, but the bench categorically rejected this argument.

Justice BR Gavai, while reading the order, emphasized the importance of the averment in the plaint to determine if the cause of action arises against the defendant. He stated, “It is only the averment in plaint, which can show whether the cause of action arises against the defendant or not. For exercising CBI jurisdiction, an order must be passed by the Centre, extending CBI probe to areas, including railways, and consent of the state must be obtained for the same.”

The court’s ruling follows a hearing in May this year, during which the bench reserved its judgment on the Centre’s preliminary objection. The Supreme Court’s move to proceed with the suit on merits signifies a crucial juncture in the ongoing dispute between the West Bengal government and the Centre over the CBI’s jurisdiction and operational authority in the state.

The matter will now be taken up on August 13, where the arguments on the substantive issues of the case will be heard. This decision is seen as a victory for the West Bengal government, which has been contesting the CBI’s actions in the state, citing the need for adherence to procedural and legal protocols.