West Bengal Govt Seeks Urgent Listing of Its Suit against CBI Probe
Senior Advocate Kapil Sibal sought an urgent hearing on Wednesday for the West Bengal government's original suit alleging overreach by the Central Bureau of Investigation (CBI) in the state.
Published : February 21, 2024 at 9:03 PM IST
New Delhi: Senior advocate Kapil Sibal, representing the West Bengal government, on Wednesday urged the Supreme Court to urgently list the state's original suit alleging overreach by the CBI in the state. The West Bengal government on November 16, 2018, withdrew the “general consent” accorded to the CBI to conduct probes and raids in the state.
Sibal submitted before a bench led by Chief Justice of India D Y Chandrachud that the matter has been adjourned nine times. “Would my Lords be kind enough to allow us to move the court for a hearing on a Wednesday and a Thursday? I mentioned this before the bench (headed by Justice B R Gavai), which asked me to get the chief justice's order”, said Sibal.
Solicitor General Tushar Mehta, representing the central government, pointed out that the matter, after being heard for two days, had been “released from part-heard”. “This is a two-year-old suit….it can wait for a few days”, said Mehta, adding that next week Attorney General R Venkataramani and he would be assisting the court in the nine-judges' bench matter dealing with a challenge to the Bihar Coal Mining Area Development Authority (Amendment) Act, 1992. However, Sibal insisted it is 2024 now and the matter should be heard.
The CJI said he is not in charge of the matter and Sibal should go before that bench concerned and it will take a call. “We are not passing any orders”, said the bench, also comprising justices J B Pardiwala and Manoj Misra.
The West Bengal government has filed an original suit against the Centre under Article 131 of the Constitution, alleging that the CBI has been filing FIRs and proceeding with its investigation, despite the state having withdrawn the general consent to the federal agency to probe cases within its territorial jurisdiction. Article 131 empowers a state to move the Supreme Court directly in case of a dispute with the Centre or any other state.
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