Today(on 24th April), Supreme Court postpones West Bengal’s lawsuit against CBI probe to May 1, allowing more time for arguments. The lawsuit alleges CBI conducted investigations without state consent.
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NEW DELHI: Today(on 24th April), The Supreme Court has adjourned the hearing on a lawsuit filed by the West Bengal government against the Central Bureau of Investigation (CBI) regarding the probe into post-poll violence cases.
The court has rescheduled the hearing for May 1, allowing more time for deliberation and presentation of arguments. The lawsuit alleges that the CBI has been conducting investigations without obtaining the necessary consent from the state government.
The bench consisting of Justices B R Gavai and Sandeep Mehta decided to defer the matter after Solicitor General Tushar Mehta appealed for an adjournment. Mehta explained that he needed to appear before a nine-judge Constitution bench, emphasizing that the scheduling was beyond his control.
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“I acknowledge that I’ve requested postponements on several occasions before, but today my case is being heard before the Constitution bench. This timing is beyond my control.”
– stated Mehta before the bench.
Representing the West Bengal government, senior advocate Kapil Sibal appeared in court to present the state’s case. The government has filed an original suit under Article 131 of the Constitution, invoking the Supreme Court’s jurisdiction to resolve disputes between states or between the Centre and a state. The suit contends that despite the state’s withdrawal of general consent for the CBI to investigate cases within its territorial jurisdiction, the agency has continued to file First Information Reports (FIRs) and carry out investigations.
Article 131 grants states the authority to approach the Supreme Court directly in case of disagreements with the Centre or any other state. The West Bengal government exercised this right by filing the suit against the Centre, seeking judicial intervention to address the ongoing dispute regarding the CBI’s actions.
On November 16, 2018, the West Bengal government rescinded the “general consent” previously extended to the CBI, which permitted the agency to conduct investigations and operations within the state. Subsequent to this withdrawal, the state government maintained that the CBI should refrain from pursuing any investigations without obtaining explicit consent for each individual case. Despite this stance, the CBI persisted with its probes, prompting the state government to seek legal action by approaching the Supreme Court.
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The postponement of the hearing allows both parties to have more time to organize their arguments and articulate their viewpoints before the court. The resolution of this lawsuit holds considerable importance as it will determine the jurisdictional authority of the CBI and the independence of state governments in the realm of investigation and law enforcement.
