India
Supreme Court says West Bengal’s case against CBI registration of FIRs is maintainable | India News – Times of India
NEW DELHI: The High Council said on Wednesday that the case filed by the West Bengal government accused the Central Bureau of Investigation of (CBI) of unauthorized Register cases in the state, despite the latter withdrawing the general consent in November 2018, can still be maintained.
A bench comprising Justices BR Gavai and Sandeep Mehta said that the detailed hearing of the West Bengal case will be taken up later on merits. The court said that the final hearing of the case will be held on August 13. Then the issues for adjudication will be framed after hearing the Bengal government and the federal government.
SC said it is a serious problem with broader implications in a federal structure.
The Supreme Court had on May 8 reserved its judgment on the admissibility of the lawsuit filed by the state.
Advocate Kapil Sibal, appearing for West Bengal, argued that after the state withdrew its consent on November 16, 2018, the Centre could no longer allow the probe agency to enter the state for investigation.
Attorney General Tushar Mehta, appearing for the Centre, had said the Union government or its departments have no oversight over investigations conducted by the Central Bureau of Investigation (CBI).
The Centre had raised preliminary objections on the admissibility of the suit filed by the Government of West Bengal. The Centre had argued that there was no basis for a suit against the Union of India.
The West Bengal government has filed an original suit in the Supreme Court against the Centre under Article 131 of the Constitution, alleging that the CBI FIRs and continue investigations despite the state’s withdrawal of a general authorization for the federal agency to investigate matters within its territorial jurisdiction.
Article 131 deals with the original jurisdiction of the Supreme Court in a dispute between the Centre and one or more states.
A bench comprising Justices BR Gavai and Sandeep Mehta said that the detailed hearing of the West Bengal case will be taken up later on merits. The court said that the final hearing of the case will be held on August 13. Then the issues for adjudication will be framed after hearing the Bengal government and the federal government.
SC said it is a serious problem with broader implications in a federal structure.
The Supreme Court had on May 8 reserved its judgment on the admissibility of the lawsuit filed by the state.
Advocate Kapil Sibal, appearing for West Bengal, argued that after the state withdrew its consent on November 16, 2018, the Centre could no longer allow the probe agency to enter the state for investigation.
Attorney General Tushar Mehta, appearing for the Centre, had said the Union government or its departments have no oversight over investigations conducted by the Central Bureau of Investigation (CBI).
The Centre had raised preliminary objections on the admissibility of the suit filed by the Government of West Bengal. The Centre had argued that there was no basis for a suit against the Union of India.
The West Bengal government has filed an original suit in the Supreme Court against the Centre under Article 131 of the Constitution, alleging that the CBI FIRs and continue investigations despite the state’s withdrawal of a general authorization for the federal agency to investigate matters within its territorial jurisdiction.
Article 131 deals with the original jurisdiction of the Supreme Court in a dispute between the Centre and one or more states.
