New Delhi: The Supreme Court on Wednesday considered as maintainable a suit filed by the West Bengal government alleging that the CBI was continuing to investigate various cases despite the withdrawal of general consent by the state on November 16, 2018.
A bench of Justices B R Gavai and Sandeep Mehta said the state's case will proceed as per law on its merits.
It fixed the matter for hearing on August 13 to decide the issues.
The apex court had on May 8 reserved its verdict on the maintainability of the suit filed by the state.
Senior advocate Kapil Sibal, appearing for West Bengal, had argued that once the state had withdrawn its consent on November 16, 2018, the Center could not have allowed the investigating agency to enter the state for investigation. .
Solicitor General Tushar Mehta, appearing for the Centre, had said that the Central Government or its departments do not exercise any supervisory control over the Central Bureau of Investigation (CBI) investigation.
The Center had raised preliminary objections about the maintainability of the suit filed by the West Bengal government, arguing that there was no cause of action against the Union of India.
The West Bengal government has filed an original suit in the apex court against the Center under Article 131 of the Constitution, alleging that the CBI registered the FIR despite the state withdrawing the general consent given to the federal agency to investigate the cases. Is doing and taking the investigation forward. Within its territorial jurisdiction.
Article 131 deals with the original jurisdiction of the Supreme Court in a dispute between the Center and one or more states.
A bench of Justices B R Gavai and Sandeep Mehta said the state's case will proceed as per law on its merits.
It fixed the matter for hearing on August 13 to decide the issues.
The apex court had on May 8 reserved its verdict on the maintainability of the suit filed by the state.
Senior advocate Kapil Sibal, appearing for West Bengal, had argued that once the state had withdrawn its consent on November 16, 2018, the Center could not have allowed the investigating agency to enter the state for investigation. .
Solicitor General Tushar Mehta, appearing for the Centre, had said that the Central Government or its departments do not exercise any supervisory control over the Central Bureau of Investigation (CBI) investigation.
The Center had raised preliminary objections about the maintainability of the suit filed by the West Bengal government, arguing that there was no cause of action against the Union of India.
The West Bengal government has filed an original suit in the apex court against the Center under Article 131 of the Constitution, alleging that the CBI registered the FIR despite the state withdrawing the general consent given to the federal agency to investigate the cases. Is doing and taking the investigation forward. Within its territorial jurisdiction.
Article 131 deals with the original jurisdiction of the Supreme Court in a dispute between the Center and one or more states.
