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Post-poll violence: SC adjourns hearing of West Bengal’s suit against CBI probe

The State govt. alleged that the CBI was probing several cases and registering FIRs without taking prior consent from the State government.

The Supreme Court on October 4 adjourned the hearing of a suit filed by West Bengal alleging that the Central Bureau of Investigation (CBI) was probing several cases and registering First Information Reports (FIRs) without taking prior consent from the State government.

A Bench of Justices L. Nageswara Rao and B.R. Gavai had to reschedule the case to October 22, post the Dussehra holidays, on finding that there was no representation in the court from the Centre’s side.

“There will be no more adjournments… There is no appearance for the Union of India today,” Justice Rao noted.

The West Bengal government, in its original civil suit under Article 131 of the Constitution, 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.

The CBI has lodged multiple FIRs in cases of post-poll violence in West Bengal. The Supreme Court had issued notice in the suit in early September.

The State government, in its plea, 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The plea said that as the general consent given to the Central agency by the Trinamool Congress government had been withdrawn, the FIRs lodged could not be proceeded with. The State government has filed the original civil suit under Article 131 of the Constitution under which the top court has original jurisdiction to deal with any dispute between the Centre and a State.

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