New Delhi, May 8 (IANS) The Supreme Court on Wednesday reserved its verdict on the maintainability of the plea, filed by West Bengal against the Central Bureau of Investigation (CBI), for allegedly proceeding with investigations and filing FIRs in cases of post-poll violence without getting the state government’s nod as required under the law.
A bench, headed by Justice B.R. Gavai finished hearing the oral arguments advanced by Solicitor General Tushar Mehta, representing the Centre, and senior advocate Kapil Sibal, appearing for the plaintiff state on the issue of maintainability of an original suit filed under Article 131 of the Constitution.
The West Bengal government, in its plea, has referred to the provisions of the Delhi Special Police Establishment Act 1946 and said that the Central agency has been proceeding with investigations and filing FIRs without getting the nod from the state government as mandated under the statute.
On the other hand, the Centre told the apex court that a state government cannot claim a right to issue omnibus, sweeping, and overarching directions to withdraw consent for a CBI probe into any matter.
An affidavit filed by the Union Department of Personnel and Training (DoPT) said that the state government can exercise the power to grant/refuse consent only on a case-to-case basis and for the same, good, sufficient, and germane reasons have to be recorded.
The CBI has lodged multiple FIRs in cases of post-poll violence in West Bengal.
The top court had issued notice in the suit in September 2021. The state government has sought a stay of investigation in the FIRs lodged into post-poll violence cases by the CBI in pursuance of the Calcutta High Court order. The plea by the state government said that the general consent given to the CBI by the Trinamool Congress government had been withdrawn, and thus the FIRs lodged could not be proceeded with.
–IANS
pds/vd
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
