New Delhi, Apr 23 (PTI) The West Bengal government on Wednesday called the CBI an “unwanted guest” not having jurisdiction to probe cases inside the state once the general consent to investigate was withdrawn by it.

Senior lawyer Abhishek Singhvi, appearing for the TMC government, made the submission before a bench comprising Justices Vikram Nath and Sandeep Mehta.

The top court was hearing about nine pleas of accused persons, including Anup Majee, the director of the company engaged in purchase and sale of dry fuel, relating to the CBI probe into alleged illegal coal trading in the Asansol-Raniganj belt of West Bengal.

“Once the state (West Bengal) took back the consent (to CBI to probe criminal cases), there is cessation of jurisdiction of CBI..CBI is entering like an unwanted guest,” Singhvi said, “though, the state government has nothing to do with the instant criminal case against private individual”.

He added, “I am concerned about the unwanted guest (CBI) and I am not concerned about the present dispute.” The bench deferred the hearing on the pleas of the accused to May 7 after a lawyer on behalf of the CBI said solicitor general Tushar Mehta will argue the case, but he was unavailable.

The CBI has insisted that the crime pertained to the Railways, and it, therefore, has the jurisdiction.

The bench previously protected Majee from arrest in the case.

The bench also inquired about a separate lawsuit filed by the state government contesting the CBI’s action of pressing ahead with probe of cases in the state despite withdrawal of general consent.

West Bengal withdrew the general consent allowing the CBI to probe cases or conduct raids in the state on November 16, 2018.

The bench was informed that on July 10, last year, another bench headed by Justice B R Gavai rejected the Centre’s objection to the maintainability of a lawsuit by West Bengal and said the CBI operated under the control of the union government.

The top court said a provision of the Delhi Special Police Establishment (DSPE) Act, 1946, said the Central Vigilance Commission had control over cases for the offences under the Prevention of Corruption Act.

The apex court agreed to hear the plea challenging the Calcutta High Court order which allowed the CBI to investigate the case of alleged illegal mining and transportation of coal in West Bengal without the state’s consent.

The plea claimed the CBI lacked jurisdiction to lodge an FIR in the case after the withdrawal of general consent by the state government in 2018.

The CBI filed a counter and said it did not require prior consent from the West Bengal government to conduct a probe in the case, as the purported offence had taken place within the “railway areas”.

West Bengal government contended that since consent to the CBI to carry out any probe in the state was withdrawn on November 16, 2018, no investigation for offences committed within its territorial jurisdiction can be conducted by the central agency.

On February 12, 2021, a division bench of the high court stayed a single bench order restricting a CBI investigation into alleged illegal mining and transportation of coal to just “railway areas” of the state and rejected the plea of Majee for grant of protection from any coercive action against him.

On February 3, 2021, the single judge bench of the high court had said that CBI is not authorised to conduct physical raids or active investigation into areas of West Bengal other than the railway areas as defined under the Railways Act.

The CBI on November 28, 2020 carried out a massive search operation in a number of locations in four states — West Bengal, Bihar, Jharkhand and Uttar Pradesh — after registering a case. PTI SJK SJK AMK AMK