New Delhi: In the procedural air battle before the Supreme Court on Tuesday, the West Bengal government appeared to score Brownies by stating that in a lawsuit, which raised the dispute over the CiBi cases registered even though the country attracted general approval, the center had lost its rights to refutify by Because it fails to the Vakalatnama file in the restriction period.
Appearing for the State, Senior Advocate Sidharth Luthra said the LN Rao Judge, BV Gavai and BV Nagaratha that the Center had lost their rights to appear in suit as a legal rule did not allow parties to object to salary increases if the VakalatNama file failed within 28 days of publishing notice.
“Until now, the center has not submitted every VakalatNama and therefore the Attorney General or General lawyer has lost their right to be heard,” Luthra said.
AG said the West Bengal lawsuit under Article 131 could be maintained only if the center was the relevant party.
“The lawsuit seeks help for CBI.
However, the West Bengal government has made the Single Union Government of respondents.
How to maintain? ” He asked.
Venugopal said the CBI function under Delhi specifically for the police formation (DSPE) of the Act and is an autonomous body.
Its function is supervised by the Central Preca Precaian Commission and not the Union government, he said and was quoted by SC assessment which said, “Even though the CVC has been given the power of supervision of the CBI function, it does not have the power to suggest or direct CBI to investigate in a certain way.
That is CBI’s independence.
How is this suitable suicy? ” Legal officers for asking.
Luthra will not slip from the objection based on the rules to the center getting the opportunity to be heard because it has failed to the Vakalatnama file in the restrictions period.
AG said the time limitation was renewed extended by SC because of a pandemic, but Lutra said it was a trick to step around the rules that prohibited the participation of the Center in the lawsuit, which now requires it must be determined in supporting the state.
“There is nothing appearance or begging for the name of the center,” Luthra said.
The severity of standing was taken by both parties, the bench asked for AG and Public Lawyer Tushar Mehta: “Why does the center do not submit VakalatNama? You submit it and we will hear your argument.
” For the country, senior advocate Bisajeet Bhattacharyya tried to insert by arguing about the cancellation of the CBI investigation after the withdrawal of general approval by the state, but the bench led by Rao justice asked him to wait, more so when Luthra had started the argument and made the point.
SC asked the center to the Vakalatnama file within two weeks, after that it will hear the initial objection of the Union government for maintenance from West Bengal’s clothes in Article 131 of the Constitution.
Responding to the lawsuit, the center in Affidavit said, when the state police could not investigate the crimes committed in relation to matters relating to the armed forces, trains, atomic energy, trains, excise and customs, can it be said by a country that even agencies The center cannot investigate because the general agreement has been withdrawn by certain circumstances? “Consequently if it won’t be that a vacuum will be there where no authority can investigate violations under the center story.
Therefore the withdrawal of approval by the state government will have no effect on the violations involved, “he said.
That there are many investigations that are being carried out on central government employees or having good PAN-India impacts or impacts on more than one country with the aim of investigating such violations, have said.
“It is always desirable and for the sake of greater than justice that the central agency conducted an investigation into the case.
In terms of violations committed by the Central Government employees or violations that have multi-state or pan-india implications, investigations carried out by central institutions will not harm or influence the federal structure or take the right of the state government to investigate violations in the country’s jurisdiction, ” Said the Center.
“Approval of the state government is sought for some of these violations.
This is not understood why the state government comes in the way the investigation will have an inevitable effect of their guilty multi-state / pan-india-violations like that, “the center accused the West Bengal trying to protect the defendant.
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