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The lawsuit said that because the blanket consent given to the central agency by the Trinamool congressional government has been withdrawn, the filed FIRs cannot be prosecuted.
Supreme Court of India. Reuters
New Delhi: The Supreme Court on Monday adjourned the hearing in the lawsuit filed by the West Bengal government which alleged that the Central Bureau of Investigation (CBI) was continuing the investigation in the post-election violence cases without obtaining the prior sign of the court. state under the law.
A bench of judges L Nageswara Rao and BV Nagarathna noted that the pleadings in the matter are complete and adjourned the suit for a hearing in the third week of February.
He also asked the parties to file written submissions on the case.
Attorney General KK Venugopal said constitutional law issues had been raised in the trial and requested a two-day extension to hear the case after the top court indicated it wanted to conclude the hearing in one day. daytime.
Lead attorney Kapil Sibal, representing the government of West Bengal, said it was a matter of jurisdiction and the hearing would not take long.
The Center had previously told the Supreme Court that it had nothing to do with the post-election violence cases recorded by the CBI in West Bengal and that the lawsuit brought by the state government in which the Union of India became part is not maintainable.
Venugopal had argued that the CBI, being an autonomous body created under the Special Act of Parliament, is the agency that registers and investigates the cases and that the Center plays no part in it.
The Center previously told the High Court that West Bengal’s power to withhold consent to the CBI was not absolute and that the investigative agency had the right to carry out ongoing investigations against government employees. central or having pan-Indian impact.
The Center had submitted an affidavit in response to a lawsuit by the West Bengal government which alleged that the CBI continued to investigate cases of post-election violence without obtaining the prior green light from the state under the law. .
He had told the Supreme Court that the Indian Union had not registered any cases in West Bengal and had not investigated any cases.
The affidavit stated that many investigations are ongoing against central government employees or have either pan-India impact or impact more than one state to investigate such offences.
He had said that West Bengal consent was required for certain offences, but it is unclear why the state government objected to such an investigation which would have the inevitable effect of shielding those guilty of such multi-offences. -States/ pan-Indian offences.
The Government of West Bengal, in its original civil suit under Article 131 of the Constitution, referred to the provisions of the Delhi Special Police Establishment Act 1946 and said that the CBI proceeded under investigation and filed FIRs without getting a green light from the state. government as mandated by law.
Under Article 131, the Supreme Court has original jurisdiction to settle disputes between the Center and the States.
The CBI has filed several FIRs in cases of post-election violence in West Bengal.
The state government has requested a stay of investigations into FIRs filed in post-election violence cases by CBI under the Calcutta High Court order.
The lawsuit said that because the blanket consent given to the central agency by the Trinamool congressional government has been withdrawn, the filed FIRs cannot be prosecuted.
He also sought to remain for such FIR in the future.
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