Justice B.R. A bench headed by Gavai heard oral arguments by Solicitor General Tushar Mehta, representing the Center and senior advocate Kapil Sibal, appearing for the plaintiff state, on the issue of maintainability of the original suit filed under Article 131 of the Constitution.
The West Bengal government, in its petition, has cited the provisions of the Delhi Special Police Establishment Act 1946 and said that the central agency is investigating and registering the FIR without taking approval from the state government under the law.
On the other hand, the Center told the apex court that no state government can claim the right to issue omnipresent, sweeping and blanket directions to withdraw consent for CBI investigation of any case.
An affidavit filed by the Union Department of Personnel and Training (DoPT) said the state government can exercise the power to grant/refuse consent only on a case-to-case basis and for the same, there are good, sufficient and justified reasons. Will have to be used. Be recorded.
CBI has registered several FIRs in cases of post-poll violence in West Bengal.
The top court had issued notice in the case in September 2021. The state government has sought a stay on investigation into the FIRs lodged by the CBI in cases of post-poll violence in compliance with the order of the Calcutta High Court. The state government's plea said that the general consent given to the CBI by the Trinamool Congress government had been withdrawn, and thus the filing of the FIR could not be proceeded with.
The West Bengal government, in its petition, has cited the provisions of the Delhi Special Police Establishment Act 1946 and said that the central agency is investigating and registering the FIR without taking approval from the state government under the law.
On the other hand, the Center told the apex court that no state government can claim the right to issue omnipresent, sweeping and blanket directions to withdraw consent for CBI investigation of any case.
An affidavit filed by the Union Department of Personnel and Training (DoPT) said the state government can exercise the power to grant/refuse consent only on a case-to-case basis and for the same, there are good, sufficient and justified reasons. Will have to be used. Be recorded.
CBI has registered several FIRs in cases of post-poll violence in West Bengal.
The top court had issued notice in the case in September 2021. The state government has sought a stay on investigation into the FIRs lodged by the CBI in cases of post-poll violence in compliance with the order of the Calcutta High Court. The state government's plea said that the general consent given to the CBI by the Trinamool Congress government had been withdrawn, and thus the filing of the FIR could not be proceeded with.
