In a noteworthy rebuke, the Supreme Court has taken exception to the Central Bureau of Investigation (CBI) representing itself as the “Republic of India” in its legal petitions. Justices AS Oka and Pankaj Mithal expressed their dissatisfaction with the federal agency’s choice of nomenclature, emphasizing that the CBI does not equate to the Union or the Republic.
During a hearing concerning the CBI’s appeal related to a multi-crore scam case, Additional Solicitor General Aishwarya Bhati, representing the agency, faced the bench’s scrutiny. The justices asserted that it was inappropriate for the CBI to present its petitions in the court under the banner of the “Republic of India.” They insisted that the CBI does not stand for the Union of India and, therefore, must refrain from employing such terminology. In response to this directive, ASG Bhati concurred, and the court directed the registry to amend the case title by eliminating the words “Republic of India.”
The law designates the CBI as an independent entity with the authority to investigate instances of wrongdoing involving both central and state governments. This recent incident draws parallels with a previous objection raised by the Central government in 2021. During a suit filed by the West Bengal Government, the Centre insisted on being designated as a party, not the CBI, when contesting the agency’s jurisdiction to register FIRs and conduct investigations in the state. The Centre firmly asserted that it had no jurisdiction to interfere with the CBI’s autonomy in carrying out investigations, emphasizing that the CBI functions as an “autonomous body” without government control.
As per records on the Supreme Court’s official website, several cases have been filed by the CBI under the guise of the “Republic of India.” These cases include appeals against the grant of bail, requests for charges to be quashed, and interim orders pertaining to cases investigated by the federal agency.
The recent case in question involved the CBI’s appeal against the grant of bail to Subhra Kundu, the spouse of Gautam Kundu, the proprietor of the Rose Valley chit fund company. This chit fund scandal, reportedly involving a sum of ₹17,000 crore, is one of the most significant financial irregularities in West Bengal. The CBI’s appeal stemmed from the Orissa High Court’s decision to grant Subhra Kundu bail. ASG Bhati contended that Subhra Kundu’s arrest was not merely due to her marital connection with the primary accused but also her active role in handling funds collected from investors through various shell companies.
The bench, however, recognized that she had been in custody since her arrest in January 2021 and had not been convicted. It emphasized that a trial’s ongoing nature could not justify indefinite detention without a verdict. The court upheld the Orissa High Court’s order, adding that the bail’s grant would not impact the case’s merits. The trial would proceed according to the law.
