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Supreme Court refuses to pass order on urgent listing of West Bengal government’s suit against CBI probe in post election violence

The Supreme Court today refused to pass an order on an urgent listing of a lawsuit filed by the West Bengal government that has accused the Central Bureau of Investigation (CBI) of going ahead with its investigation in post-poll violence cases, without securing the prerequisite nod from the state under the law.

Appearing for the West Bengal government, Senior advocate Kapil Sibal informed the bench comprising Chief Justice of India DY Chandrachud, Justice J B Pardiwala and Justice Manoj Misra that the matter has been adjourned nine times.

Senior Advocate Kapil Sibal told the bench that the matter is listed before a bench headed by Justice B R Gavai. He added that the matter is coming up, but they are before the Constitution bench and if it can be heard on Wednesday or Thursday.

Denying to pass any order, the Chief Justice of India said that he is not in charge of the matter. He asked Senior Advocate Kapil Sibal to go before the concerned bench and that they will take a call. He pronounced that they are not passing any orders.

Meanwhile, Solicitor General Tushar Mehta stated there is no urgency and the matter can wait for a few days. To this, Senior Advocate Kapil Sibal said that the matter cannot wait as the suit was filed in 2021 and it is 2024.

Reportedly, the West Bengal government has filed an original suit in the top 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alleging that the CBI has been filing FIRs and proceeding with its investigation, despite the state having withdrawn the general consent to the nodal agency to investigate cases within its territorial jurisdiction.

Notably, Article 131 empowers a state to move the Supreme Court directly in case of a dispute with the Centre or any other state. The West Bengal government on November 16, 2018 withdrew the general consent accorded to the Central Bureau of Investigation (CBI) to conduct investigation and raids in the state.

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