A two-judge bench of the top court, led by Justice B R Gavai and Justice Sandeep Mehta, said as per provisions of the Delhi Special Police Establishment (DSPE) Act, 1946, the CBI functions under the administrative control of the Union government, and thus, the West Bengal government’s lawsuit is maintainable. “In our view, the CBI is an organ or a body which is established by and which is under the superintendence of the Government of India in view of the statutory scheme as enacted by the DSPE Act,” the court held. The court said a reading of the DSPE Act would reveal that right from the constitution of the special police force, which is called DSPE, issuance of notifications specifying the offences or classes of offences which are to be investigated by it, superintendence and administration of DSPE and extension of powers and jurisdiction of DSPE to areas beyond the Union Territories, “it is the Central government which is vitally concerned with”.
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