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SC to hear the suit filed by the West Bengal Govt against the Centre under Article 131 of the Constitution.

By Lawstreet News Network      Nov 16, 2021      0 Comments      2,666 Views
SC West Bengal Govt Centre under Article of Constitution

SupremeCourt to hear the suit filed by the West Bengal Govt against the Centre under Article 131 of the Constitution. The State has challenged the CBI’s jurisdiction to register FIRs and conduct investigations in the State in myriad cases

Union Government had told the Supreme Court that Mamata Banerjee’s government in West Bengal does not have any “absolute” power to keep the Central Bureau of Investigation (CBI) from investigating crimes inside the State

Attorney General for India, KK Venugopal refers to Page 19 of the suit

AG: UOI has nothing to do with registration of criminal cases under DSPE Act or under Section 6 of the act. Only officers under the Delhi Special Police Establishment Act can register a case. A suit cannot be filed where CBI is not a party but the Centre is

AG: Please take the Central Vigilance Commission Act. CVC is one which is given control over investigation... DSPE and its officers are autonomous and even the CVC cannot interfere with their power of investigation

AG: Claim of the petitioner is against the CBI.  Then how can centre be made a party ?

AG: Please see a judgment of seven judges.

Sr Adv Siddharth luthra: Mr AG is arguing the matter in a way that today is the final hearing of the case.

SG: Let me point out..

Luthra: you are perhaps not aware of the rules..

SG: I have cited the rules

Luthra: no you have not, may be your worthy junior did not help you, I will help you now

Luthra: this is not a procedure under the suits. they did not enter appearence in 28 days and its a case of non traverse and they have to be thats why out of the court

AG: all time limits have been extended upto Dec 30, this was a general order passed by CJI led bench

Luthra: that order did not apply to the suits. They have no right of audience here

SC: please file a vakalatnama (to Centre) and then we will hear it

Sr Adv Biswajit Bhattacharyya: CBI and Centre is intertwined. CBI exist for the central government

SG Tushar Mehta: today Mr Luthra did not have a good morning ... usually he is happy but today he is very angry

SC: have these conversations in private

Matter adjourned for two weeks

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