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West Bengal's Suit Against CBI FIRs : Supreme Court Adjourns Hearing To November 16

Shruti Kakkar
22 Oct 2021 6:20 AM GMT
West Bengals Suit Against CBI FIRs : Supreme Court Adjourns Hearing To November 16
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The Supreme Court on Friday adjourned to November 16 the hearing in the Original Suit filed by the State of West Bengal under Article 131 of the Constitution of India, 1950 alleging that CBI is going ahead with investigation in cases of post-poll violence without securing the per-requisite sanction from the State under the law. The bench of Justices LN Rao and BR Gavai noted that the...

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The Supreme Court on Friday adjourned to November 16 the hearing in the Original Suit filed by the State of West Bengal under Article 131 of the Constitution of India, 1950 alleging that CBI is going ahead with investigation in cases of post-poll violence without securing the per-requisite sanction from the State under the law.

The bench of Justices LN Rao and BR Gavai noted that the Union Government has filed a counter-affidavit to the suit. The bench said that it will hear the matter on a non-miscellaneous day.

Senior Advocate Kapil Sibal, appearing for the West Bengal Government, requested for posting on a specific date.

"Please give us a fixed date of hearing since the CBI is proceeding with the FIRs", Sibal submitted.

"We'll have it on 16th November. Parties may file a rejoinder & additional document if any", the bench said.

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 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

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