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The Supreme Court on Wednesday said West Bengal’s suit against the Centre over misuse of the CBI probe was maintainable and posted the matter for hearing on August 13.
A bench of justices Bhushan R Gavai and Sandeep Mehta junked the Centre’s objections regarding the maintainability of the lawsuit, and decided to proceed with the suit on merits, posting the matter for August 13.
The top court categorically turned down the Centre’s contention against the maintainability of the Bengal government’s suit, alleging that the Central Bureau of Investigation (CBI) continued to register and investigate cases despite its revocation of the general consent.
While reading the order, Justice BR Gavai said, “It is only the averment in plaint, which can show whether the cause of action arises against the defendant or not. For exercising CBI jurisdiction, an order must be passed by the Centre, extending CBI probe to areas, including railways, and consent of state must be obtained for the same.”
In May this year, a Supreme Court bench comprising Justices BR Gavai and Sandeep Mehta, heard the preliminary objection raised by the Centre and reserved its judgment.
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