Supreme Court Bars CBI from Using the Title "Republic of India"
The Supreme Court of India has ordered the Central Bureau of Investigation (CBI) to cease equating themselves with the “Republic of India” when appearing before the court. The order was issued in response to petitions filed by the CBI representing the republic.
“Why have you filed as the “Republic of India”? You are not representing the Union or the Republic,” a bench of justices AS Oka and Pankaj Mithal asserted categorically as they came across a petition filed by the CBI as the “Republic of India”.
The bench ruled that the CBI is not entitled to file petitions in the court as “Republic of India”. “You don”t represent the Union of India? You cannot file your petitions like that,” the bench told additional solicitor general (ASG) Aishwarya Bhati, who was appearing for the agency in an appeal against the grant of bail in a CBI case.
ASG Bhati acknowledged the mistake, and the bench ordered the registry of the court to alter the cause-title of the case, omitting the inscription “Republic of India.”
Under the law, the CBI is considered an independent agency that can investigate irregularities committed by both Central and State government agencies.
Last year, the central government objected to a lawsuit filed by the West Bengal government that named the Union of India as the defendant instead of the Central Bureau of Investigation (CBI). However, the central government argued that the CBI is an autonomous body and that the union government is not liable for its actions.
The Supreme Court website shows that the CBI has filed many cases under the title of the “Republic of India”. However, in considering the CBI”s appeal against the grant of bail to Subhra Kundu, a former actress and wife of Gautam Kundu – the owner of the chit fund company Rose Valley – in connection with an alleged multi-crore scam, the Court took the opportunity to remind the CBI that they are not representative of the Republic of India and that they represent themselves only.
The Court has therefore banned the agency from using the title “Republic of India”.
