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CBI doing investigations without prior permission of state; SC issue notice to Centre on WB plea
Sept. 7: The Supreme Court Monday said that its registry will issue notice to the Centre on the lawsuit filed by the West Bengal government alleging that CBI is going ahead with investigation without securing the pre-requisite nod from the state under the law.
The West Bengal government, in its original civil suit under Article 131 of the Constitution, has referred to the provisions of the Delhi Special Police Establishment Act 1946 and said that the central agency has been proceeding with investigations and filing FIRs without getting the nod from the state government as mandated under the statute. Recently the CBI has lodged multiple FIRs in cases of post-poll violence in West Bengal.
A bench headed by Justice L Nageswara Rao said as per the Supreme Court Rules notice has to be immediately issued by the Registry at the time of the filing of the suit. Senior advocate Kapil Sibal, appearing for the West Bengal government, said the suit has been filed in wake of multiple FIR’s being filed by the CBI and sought a stay. The suit, filed through advocate Suhaan Mukerji, also sought stay on any future FIR.
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.
