SC defers hearing on WB govt's suit against CBI probe in post-poll violence cases
Jan 17, 2022
New Delhi [India], January 17 : The Supreme Court on Monday deferred the hearing of the West Bengal government's suit alleging that the Central Bureau of Investigation (CBI) is pressing ahead with an investigation into the post-poll violence cases in the state without securing its nod as per the law.
A Bench headed by Justice L Nageswara Rao and Justice BV Nagarathna adjourned the lawsuit for February third week.
The Bench said the pleadings in the matter are complete and asked parties to file written submissions and any additional documents in the matter.
The West Bengal government in its suit while referring to provisions of the Delhi Special Police Establishment Act 1946 said that the Central Bureau of Investigation has been proceeding with the investigation and filing FIRs without getting consent from the state government as mandated under the statute.
The State government had sought a stay on investigation and FIR by CBI in cases of post-poll violence in West Bengal in pursuance of the Calcutta High Court order.
It said that as the general consent given to the central agency by the Trinamool Congress government has been withdrawn, the FIRs lodged cannot be proceeded with.
Earlier, the Centre had told the top court that it has nothing to do with the post-poll violence cases registered by the CBI in West Bengal and the lawsuit filed by the state government in which the Union of India is made a party is not maintainable.
The Centre has stated that CBI being an autonomous body set up under the special Act of Parliament is the agency that is registering and investigating cases and the Centre had no role in it.
In its affidavit, the Centre had stated that West Bengal's power to withhold consent to the CBI is not absolute and the probe agency is entitled to carry out investigations that are being carried out against Central government employees or have a pan-India impact.
