Supreme Court To Hear West Bengal's Suit Against Centre Over CBI FIRs On October 22

The Supreme Court on Monday adjourned the original suit filed by the State of West Bengal against the Union of India to October 22. The suit has been filed under Article 131 of the Constitution against the Union of India alleging that CBI is going ahead with investigation in cases of post poll violence without securing the pre-requisite nod from the state under the law.

A bench of Justices LN Rao and BR Gavai adjourned the suit to October 22, as there was no representation on behalf of the Union Government.

The bench made it clear that it will hear West Bengal's plea for interim relief on October 22 and no adjournment will be given on that day.

"There will be no more adjournments", Justice Rao orally said.

The order passed by the bench read as follows :

"Notice has been served on the Union of India before 20.09.2021 according to the office report. There is no appearance on behalf of the Union of Indiatoday.

The West Bengal Government in its suit while referring to provisions of the Delhi Special Police Establishment Act 1946 had sought a stay of investigation in FIR's by CBI.

The State had averred that the central agency had been proceeding with investigations and filing FIRs in cases of post poll violence without getting the nod from the state government as mandated under the statute.

Earlier the Top Court had directed the Registry to issue notice to the Centre in the lawsuit. While directing the bench headed by Justice LN Rao had said that as per the Supreme Court Rules notice had to be immediately issued by the Registry at the time of the filing of the suit.

In a recent development, stating that the State of West Bengal has made out a prima facie case for issuing notice in its challenge against the Calcutta High Court direction for CBI investigation in post-poll violence cases relating to murder and rape, the Supreme Court on September 28, 2021 had issued notice in its petition.

Case Title: State of West Bengal v Union of India| Original Suit No 4/2021

Click here to read/download the order