Today (21 Feb 2024), the Supreme Court declined to issue an order for the urgent listing of a lawsuit filed by the West Bengal government. The lawsuit alleges that the CBI proceeded with its investigation into post-poll violence cases without obtaining the necessary approval from the state as required by law.
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New Delhi, February 21 – The Supreme Court of India has refused to expedite the listing of a lawsuit filed by the West Bengal government. The state government has accused the Central Bureau of Investigation (CBI) of proceeding with its probe into post-poll violence cases without obtaining the required nod from the state, as mandated by the law.
Senior advocate Kapil Sibal, representing the West Bengal government, expressed his concern before a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra. Sibal highlighted that the matter has been adjourned nine times and is currently listed before a bench headed by Justice B R Gavai.
“The matter is coming up, but we are before the Constitution bench. If it can be heard on Wednesday or Thursday,”
– Sibal stated.
However, Chief Justice Chandrachud, without passing any order, directed Sibal to present the case before the relevant bench, emphasizing-
“I am not in charge of the matter. You go before that bench; they will take a call. We are not passing any orders.”
Solicitor General Tushar Mehta supported the court’s stance, stating that there is no urgency, and the matter can afford to wait for a few days. Sibal countered, asserting-
“It cannot. The suit was filed in 2021, and we are in 2024.”
The West Bengal government filed an original suit in the apex court under Article 131 of the Constitution against the Centre. This lawsuit alleges that the CBI continued filing FIRs and conducting investigations despite the state revoking the general consent for the federal agency to probe cases within its territorial jurisdiction.
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Article 131 of the Constitution–
The Supreme Court of India has exclusive original jurisdiction in disputes:
(a) Between the Government of India and one or more States;
(b) between the Government of India and one or more States against other States;
(c) between two or more States, if the dispute involves a legal right. This jurisdiction does not cover disputes arising from pre-constitution treaties, unless specified otherwise.
Article 131 empowers a state to approach the Supreme Court directly in case of disputes with the Centre or any other state. It is crucial to note that on November 16, 2018, the West Bengal government withdrew the “general consent” previously given to the Central Bureau of Investigation (CBI) for conducting probes and raids within the state.
This legal tussle brings to light the complex dynamics between state governments and federal investigative agencies. The West Bengal government’s contention revolves around the alleged violation of the constitutional framework and the state’s autonomy in handling law and order situations within its boundaries.
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The Supreme Court’s decision not to expedite the listing of the lawsuit indicates the court’s adherence to procedural protocols and a commitment to the fair and comprehensive examination of legal matters.
The dispute between the West Bengal government and the CBI, and the potential implications it may have on the broader relationship between state governments and central investigative agencies.
