The Supreme Court postponed the hearing on the West Bengal government’s suit till November 16, alleging that the CBI is conducting post-election violence investigations without obtaining the required state approval under the law.
A bench of justices L Nageswara Rao and B R Gavai observed that the Centre had filed a counter-affidavit in response to the state’s action, and said that the issue will be heard on a non-miscellaneous day.
Senior counsel Kapil Sibal, representing West Bengal, requested a precise date because the CBI is still investigating the FIR.
“It will be on November 16th. Parties may file a rejoinder and, if necessary, an extra document “
Bench
In its original civil suit filed under Article 131 of the Constitution, the West Bengal government referred to a provision of the Delhi Police Establishment Act 1946, claiming that the central agency has been conducting investigations and filing FIRs without first obtaining permission from the state government, as required by the statute.
The CBI has filed numerous FIRs in connection with post-election violence in West Bengal.
According to the police, the FIR cannot be pursued since the Trinamool Congress administration withdrew its general approval to the federal agency.