SC to hear arguments of West Bengal's suit against CBI probe on May 2

The bench said it would hear the matter on Thursday and told both sides to conclude arguments before the apex court goes on summer vacation on May 20 so that it can write the judgement during vacation.

The Supreme Court on Wednesday said it would hear arguments on May 2 on a lawsuit filed by the West Bengal government alleging that CBI was pressing ahead with an investigation into the post-poll violence cases in the State without securing its nod as per the law. A bench of Justices BR Gavai and Sandeep Mehta could not hear the case today as Solicitor General Tushar Mehta was required before a nine-judge Constitution bench.

The bench said it would hear the matter on Thursday and told both sides to conclude arguments before the apex court goes on summer vacation on May 20 so that it can write the judgement during vacation. The top court also said people who criticise that the apex court and High Courts take long vacations don't understand that judges don't have holidays even on Saturdays and Sundays.

The observation came after the Solicitor General said those who criticise that top court and High Courts take long vacations do not know how judges work. "People who criticise, they don't understand that we don't have holidays on Saturdays and Sundays. There are other assignments and conferences. Long judgements have to be written during vacations," Justice Gavai said.

The West Bengal government had filed an original suit in the apex court 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alleging that the CBI has been filing FIRs and proceeding with its investigation, despite the State having withdrawn the general consent to the federal agency to investigate cases within its territorial jurisdiction.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.

On November 16, 2018, the West Bengal government withdrew the "general consent" accorded to the Central Bureau of Investigation (CBI) to conduct probes and raids in the state. The West Bengal government in its suit while referring to provisions of the Delhi Special Police Establishment Act 1946 said that the CBI has been proceeding with the investigation and filing FIRs without getting consent from the State government as mandated under the statute.

The State government had sought a stay of investigation in FIR by CBI in cases of post-poll violence in West Bengal in pursuance of the Calcutta High Court order. It said that as the general consent given to the central agency by the Trinamool Congress government has been withdrawn, the FIRs lodged cannot be proceeded with.

Earlier, the Centre had told the top court that it has nothing to do with the post-poll violence cases registered by the CBI in West Bengal and the lawsuit filed by the State government in which the Union of India is made a party is not maintainable. The Centre had stated that CBI being an autonomous body set up under the special Act of Parliament is the agency that is registering and investigating cases and the Centre had no role in it.In its affidavit, the Centre had stated that West Bengal's power to withhold consent to the CBI is not absolute and the probe agency is entitled to carry out investigations that are being carried out against Central government employees or have a pan-India impact. (ANI)

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