Article 131 gives a state the right to directly approach the Supreme Court in case of a dispute with the Centre.
New Delhi:
The Supreme Court on Wednesday refused to urgently list a suit filed by the West Bengal government alleging that the Central Bureau of Investigation (CBI) insisted on investigating cases of post-poll violence in the state without its approval. Was staying. according to the law.
Senior advocate Kapil Sibal told a bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Mishra that the case has been adjourned nine times.
Mr Sibal, appearing for the West Bengal government, told the bench that the matter was listed before a bench headed by Justice BR Gavai and asked the top court to decide whether it could be heard urgently.
The CJI refused to pass the order, saying, “I am not in charge of the case. You go before that bench. They will take a decision. We are not passing any order.”
Solicitor General Tushar Mehta, appearing for the Centre, said there was no hurry and the matter could wait for a few days. To this Mr Sibal replied, “That cannot happen. The suit was filed in 2021 and we are in 2024.”
The West Bengal government has filed an original suit in the apex court against the Center under Article 131 of the Constitution, alleging that despite the state withdrawing general consent from the federal agency, the CBI is registering the FIR and carrying out its investigation. Is moving forward. Investigate cases within your regional jurisdiction.
Article 131 gives a state the right to directly approach the Supreme Court in case of a dispute with the Center or any other state.
On November 16, 2018, the West Bengal government withdrew the “general consent” given to the Central Bureau of Investigation (CBI) to conduct investigations and raids in the state.
The West Bengal government, in its suit, cited the provisions of the Delhi Special Police Establishment Act 1946, saying the CBI was investigating and registering the FIR without obtaining consent from the state government under the law.
The state government had sought to stay the investigation of an FIR by the CBI in the post-poll violence cases in West Bengal in compliance with the order of the Calcutta High Court.
It said that since the general consent given to the central agency by the Trinamool Congress government has been withdrawn, the FIR lodged cannot be proceeded with.
Earlier, the Center had told the apex court that it had nothing to do with the post-poll violence cases registered by the CBI in West Bengal and the case filed by the state government, in which the Union of India has been made a party, was not maintainable. Is. ,
The Center had said that the CBI, being an autonomous body constituted under a special Act of Parliament, is the agency which is registering and investigating the cases and the Center has no role in it.
In its affidavit, the Center had said that West Bengal’s power to withhold CBI’s consent is not absolute and the investigating agency is entitled to conduct investigations which are being conducted against central government employees or which have pan-India implications.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
