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West Bengal's Suit Against CBI's FIRs : Supreme Court Adjourns Hearing To December 13

Rintu Mariam Biju
23 Nov 2022 5:21 PM GMT
West Bengals Suit Against CBIs FIRs : Supreme Court Adjourns Hearing To December 13

The Supreme Court on Friday will take up the suit filed by the State of West Bengal against the raids by the Central Bureau of Investigation in relation to the post-poll violence in the State on December 13.

The State government had alleged that CBI is going ahead with investigation in cases of post-poll violence without securing the per-requisite sanction from the State under the law.
A Bench of Justices BR Gavai and Vikram Nath
, noting the absence of the Attorney General R Venkataramani, said that he might be busy in a constitution bench.
"We had specifically fixed it for today….The AG might be busy in some constitution Bench."
"Milords, we will all be busy in constitution benches, milords, Senior Advocate Kapil Sibal, appearing for the West Bengal Government submitted while adding that he had another matter in another Court and had had to make alternate arrangements. "But anyway, he's the Attorney General. I am not going to say anything".
Senior Advocate Abhishek Singhvi reminded the Court the need to hear the matter expeditiously.
"Your Lordships should be aware of the need for urgency, here there's a very strange proposition being practised, that without consent they are going ahead with raids. It's a very large constitutional problem."
"Ld. AG had made a statement that he had an objection", the Bench pointed out.
"That's correct, we were hoping for at least the preliminary objections should be argued. He says CBI is a necessary party and we strongly object to that", Sibal apprised the Bench.
As the hearing drew to a close, Justice Gavai opined that few of the issues raised in the petitions may have been discussed in the case of Fertico Marketing vs CBI, 2021.
"We will check it up", the counsel assured.
The West Bengal Government in its suit while referring to provisions of the Delhi Special Police Establishment Act 1946 had sought a stay of investigation in FIRs by CBI.
The State had averred that the central agency had been proceeding with investigations and filing FIRs in cases of post poll violence without getting the nod from the state government as mandated under the statute.
Case Title: State of West Bengal v Union of India| Original Suit No 4/2021

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