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.
"Why is this listed before the court. According to the Supreme Court Rules notice has to be immediately issued by the Registry at the time of the filing of the suit. Why is it coming before the court? Unlike an SLP, the suit filed under Article 131 automatically notice has to go. Interim relief can only be heard only after issuance of notices. We cannot grant ex-parte stay. We will tell the Registry to issue notice," the bench, also comprising Justices BR Gavai and BV Nagarathna, said.
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 state government, in its plea, sought a stay of investigation in the FIRs lodged into post-poll violence cases by CBI in pursuance of the Calcutta High Court order.
The plea said that as the general consent given to the central agency by the Trinamool Congress government has been withdrawn, the FIRs lodged cannot be proceeded with.
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.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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