New Delhi: The Supreme Court on Monday to postpone the hearing on the lawsuit filed by the West Bengal government alleging that the CBI is going ahead with investigations in cases of post-poll violence without securing prerequisite nod from the state.
Judge bench L Nageswara Rao and B V Nagarathna noted that the petition on this issue and delaying full suit for hearing in the third week of February.
It also asked the parties to submit written submissions on the issue.
Attorney General K K Venugopal said the constitutional legal questions have been raised in a lawsuit and searching for two days to debate the issue after the court APEX show that he wanted to complete the trial in a day.
Senior Advocate Kapil Sibal, appearing for the West Bengal government, saying it is a matter of jurisdiction and would not require a lot of time to listen.
Center had earlier told the Apex Court that it has nothing to do with the cases of post-poll violence registered by CBI in West Bengal and a lawsuit filed by the state government in which the unity of India was made as a party can not be maintained.
Venugopal has submitted that the CBI be regulated autonomous body under Parliamentary Act is an agent who register and investigate the case and the center does not have a role in it.
Center had earlier told the court on that power to withhold approval of West Bengal for a CBI probe is not absolute and institutions have the right to conduct an investigation is being conducted against the central government employee or have a pan-Indian impact.
The Center has filed a written statement in response to a lawsuit by the West Bengal government alleging that the CBI is going ahead with investigations in cases of post-poll violence without securing prerequisite nod from the state.
Apex said in the court that the unity of India did not register any cases in West Bengal or has investigated the case whatsoever.
Affidavit have said that a lot of investigations carried out on the central government employee or have a pan-Indian impact or affect more than one country to investigate such violations.
It said West Bengal sought approval for some offense but did not understand why the state government stated that such an investigation would have the inevitable effect of protecting those guilty of multi-state / violation pan-India.
Government of West Bengal, in the original civil suit under Article 131 of the Constitution, referring to the provisions of the Law of Delhi Special Police Establishment in 1946 and said that the Central Bureau of Investigation (CBI) has continued with the investigation and archive fir without.
Get the nod from the state government, as mandated under the law.
According to Article 131, Apex Court has original jurisdiction to deal with disputes between the center and the states.
CBI has filed several fir in the case of post-poll violence in West Bengal.
The state government is looking for future investigations into the FIRS filed post-poll violence cases by the CBI in the pursuit of the Calcutta High Court order.
It says that as a general consent given to the Central Bureau by the Trinamool Congress government has withdrawn, FIRS lodged can not continue.
It is also trying to keep to spruce like it in the future.
SC postponed hearing on West Bengal’s lawsuit against the CBI probe in cases of violence after the poll
