West Bengal Govt's Challenge to CBI Probe in SC Hearing on Thursday

Supreme Court agrees to hear West Bengal government's lawsuit contesting CBI investigations without state consent. The case will be heard on May 2nd, after arguments in a nine-judge Constitution bench hearing. The West Bengal government withdrew general consent to CBI probes in 2018, leading to the legal dispute. The court acknowledged the ongoing Constitution bench hearing and scheduled the CBI case for Thursday, with instructions to conclude arguments before the summer vacation begins.

The Supreme Court on Wednesday said it would hear on May 2 the arguments on a lawsuit filed by the West Bengal government, accusing the CBI of going ahead with its probe without securing the prerequisite nod from the state.

The West Bengal government has 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alleging that the CBI has been filing FIRs and proceeding with its investigation, despite the state having withdrawn the general consent to the federal agency to probe cases within its territorial jurisdiction.

Article 131 deals with the Supreme Court's original jurisdiction in a dispute between the Centre and one or more states.

On November 16, 2018, the West Bengal government withdrew the ''general consent'' accorded to the Central Bureau of Investigation (CBI) to conduct a probe or carry out raids in the state.

As soon as a bench of Justices B R Gavai and Sandeep Mehta assembled on Wednesday to hear the matters listed before it, Solicitor General Tushar Mehta, who appeared in the matter on behalf of the Centre, urged the court to take up the matter at 2 pm, saying a hearing before a nine-judge Constitution bench was underway.

The nine-judge Constitution bench, headed by Chief Justice D Y Chandrachud, is hearing arguments to decide the contentious legal question on whether private properties can also be considered ''material resources of the community'' under Article 39(b) of the Constitution and, consequently, can be taken over by the State and distributed among the citizens to subserve the ''common good''.

''I am seeking permission till 2 pm. The Constitution bench will be over by 2 pm,'' Mehta told the bench.

The bench said some alternative arrangement could have been made.

''I cannot control the Constitution bench. The bench had yesterday said it wants the lawyers to conclude by 1 pm today,'' Mehta said, adding that the West Bengal government's matter was previously argued for two days before a different combination of the bench.

The bench then said it would take up the matter at 2 pm.

In the post-lunch session, Mehta told the court that the Constitution bench was still hearing the matter.

''If you want, we can start tomorrow,'' the bench said, acknowledging that the solicitor general's presence was required before the Constitution bench.

It then posted the matter for hearing on Thursday and told both sides that the arguments should be concluded before the apex court goes on summer vacation on May 20.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)