Chaini Parwani –
Published On: October 22, 2021 at 17:00 IST
On October 22, The Supreme Court Adjourned the hearing on the Lawsuit filed by the West Bengal Government which reported that the Central Bureau of Investigation (CBI) is proceeding with the probe in Post-Poll Violence Cases without obtaining the pre-requisite nod from the State under the Law till November 16.
A Bench comprising of Justices L. Nageswara Rao and B.R. Gavai observed that the Centre has lodged a Counter-Affidavit in acknowledgement to the lawsuit filed by the State, and stated that it will attend the matter on a non-miscellaneous day.
Senior Advocate Kapil Sibal, representing West Bengal, prayed a certain date as the CBI was moving ahead with the First Information Report (FIR).
The Bench Stated “We’ll have it on November 16. Parties may file a rejoinder and additional document, if any.”
The West Bengal Government while referring to the provisions of the Delhi Special Police Establishment Act 1946 stated in its original Lawsuit under Article 131 of the Indian Constitution that the Central Agency has been moving ahead with the probe and filing FIRs without obtaining Consent from the State Government as mandated under the Statute.
Multiple FIRs in Cases of Post-Poll Violence in West Bengal are filed recently by the CBI.
The Civil Suit has been lodged in wake of multiple FIRs being filed by the CBI and Pleaded a stay.
Further the State government, in its Petition prayed a stay of probe in the FIRs charged into Post-Poll Violence Cases by the CBI in Execution of the Calcutta High Court Notification.
The Petition stated that as the general nod extended to the Central Agency by the Trinamool Congress Government has been Eliminated, the FIRs charged cannot be proceeded with.
Furthermore, Advocate Suhaan Mukerji who filed the Lawsuit, also Pleaded Adjournment 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.