The Supreme Court on Friday adjourned till November 16 the hearing on the lawsuit filed by the West Bengal government which alleged that the CBI is going ahead with the investigation in post-poll violence cases without securing the pre-requisite nod from the state under the law. A bench of justices L Nageswara Rao and B R Gavai noted that the Centre has filed a counter-affidavit in response to the suit filed by the state, and said it will hear the matter on a non-miscellaneous day.
Senior advocate Kapil Sibal, appearing for West Bengal, sought a specific date since the CBI is proceeding with the FIRs. “We’ll have it on November 16. Parties may file a rejoinder and additional document if any,” the bench said.
The West Bengal government, in its original civil suit under Article 131 of the Constitution, has referred to the provisions of the Delhi Special Police Establishment Act 1946, and said the central agency has been proceeding with investigations and filing FIRs without getting the nod from the state government as mandated under the statute. Recently the CBI has lodged multiple FIRs in cases of post-poll violence in West Bengal.
The suit has been filed in wake of multiple FIRs being filed by the CBI and sought a stay. The state government, in its plea, sought a stay of investigation in the FIRs lodged into post-poll violence cases by the CBI in pursuance of the Calcutta High Court order.
The plea said that as the general consent given to the central agency by the Trinamool Congress government has been withdrawn, the FIRs lodged cannot be proceeded with. The suit, filed through advocate Suhaan Mukerji, also sought a stay on any future FIRs.
The state government has filed the original civil suit under Article 131 of the Constitution under which the top court has original jurisdiction to deal with any dispute between the Centre and a state.
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