In a case filed by the West Bengal Government, accusing the Central Bureau of Investigation (CBI) of proceeding with post-poll violence investigations without obtaining the required consent from the state, the Supreme Court has on Wednesday declined to expedite the hearing.
Senior advocate Kapil Sibal, representing the West Bengal government, informed the bench, comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra, that the matter had been adjourned multiple times.
The West Bengal government's original suit, filed under Article 131 of the Constitution, alleges that the CBI continued its investigations despite the state withdrawing the "general consent" for the agency to probe cases within its territorial jurisdiction. This withdrawal of consent by the West Bengal government occurred on November 16, 2018.
Solicitor General Tushar Mehta, representing the CBI, argued against the urgency of the matter, suggesting that it could wait for a few more days. However, Sibal countered, emphasizing the significance of addressing the issue promptly, stating, "The suit was filed in 2021, and we are in 2024."
The West Bengal government's legal battle revolves around the contention that the CBI has been initiating FIRs and conducting investigations without securing the necessary consent from the state. The withdrawal of the "general consent" was a strategic move by the state government to limit the CBI's authority to intervene in matters within West Bengal's borders.
Despite the urgency stressed by the West Bengal government, the Chief Justice refrained from passing any immediate orders, directing Sibal to present the case before the bench presided over by Justice B R Gavai. The CJI stated, "I am not in charge of the matter. You go before that bench; they will take a call. We are not passing any orders."
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