SC adjourns hearing West Bengal's suit against CBI probe in post-poll violence cases till Nov 16

The bench comprising Justices LN Rao and BR Gavai noted that the Centre has filed a counter-affidavit in response to the suit filed by the state and said it will hear the matter on a non-miscellaneous day.  

The Supreme Court on Friday adjourned the hearing on the lawsuit filed by the West Bengal government alleging that CBI is going ahead with investigation in cases of post-poll violence without securing the per-requisite sanction from the State under the law to November 16.

The bench comprising Justices LN Rao and BR Gavai noted that the Centre has filed a counter-affidavit in response to the suit filed by the state and said it will hear the matter on a non-miscellaneous day.

Senior Advocate Kapil Sibal, appearing for the West Bengal Government, requested for posting on a specific date.

"Please give us a fixed date of hearing since the CBI is proceeding with the FIRs", Sibal submitted.

"We'll have it on 16th November. Parties may file a rejoinder & additional document if any", the bench said as reported by LiveLaw.

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 the central agency has been proceeding with investigations and filing FIRs without getting the nod from the state government as mandated under the statute.

Earlier the top court had directed the Registry to issue notice to the Centre in the lawsuit. While directing the bench headed by Justice LN Rao had said that as per the Supreme Court Rules notice had to be immediately issued by the Registry at the time of the filing of the suit.

Recently the CBI has lodged multiple FIRs in cases of post-poll violence in West Bengal.

The state government, in its plea, 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.