The Supreme Court on Wednesday held that the West Bengal government's suit challenging the registration of cases by the CBI in the Sandeshkhali incident without its prior consent was valid.
The Supreme Court bench, comprising Justices BR Gavai and Sandeep Mehta, also rejected preliminary objections of the Centre on maintainability of the suit and the argument that Bengal had suppressed material facts.
advertisementThe court noted that as West Bengal had withdrawn general consent to the CBI in 2018, the agency could not have continued to register FIRs in respect of the offences within the state.
In his plea, Bengal also contended that the CBI was functioning under the superintendence of the Centre, Live Law reported.
VERDICT COMES DAY AFTER TOP COURT RAPPED BENGALThe order comes a day after the Supreme Court dismissed the Bengal government's challenge to the Calcutta High Court order directing the CBI to probe allegations of land grabbing and sexual assault in Sandeshkhali.
The Supreme Court on Wednesday held that the West Bengal government's suit challenging the registration of cases by the CBI in the Sandeshkhali incident without its prior consent was valid.
The Supreme Court bench, comprising Justices BR Gavai and Sandeep Mehta, also rejected preliminary objections of the Centre on maintainability of the suit and the argument that Bengal had suppressed material facts.
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The court noted that as West Bengal had withdrawn general consent to the CBI in 2018, the agency could not have continued to register FIRs in respect of the offences within the state.
In his plea, Bengal also contended that the CBI was functioning under the superintendence of the Centre, Live Law reported.
The Trinamool Congress said the top court's verdict made it clear that no one could meddle with a state's law and order for "selfish political interests".
"Truth always wins! This decision by the apex court is a lesson to those who want to undermine a democratically elected state government by misusing central agencies. Any threat to our foundational principle of federalism will not be accepted," the ruling party in Bengal tweeted.
VERDICT COMES DAY AFTER TOP COURT RAPPED BENGAL
The order comes a day after the Supreme Court dismissed the Bengal government's challenge to the Calcutta High Court order directing the CBI to probe allegations of land grabbing and sexual assault in Sandeshkhali.
Coming down heavily on the Mamata Banerjee-led government, the court said the state had not done anything in the matter for months.
"You don't do anything for months. You couldn't arrest that person," said Justice BR Gavai, referring to key accused Shahjahan Sheikh.
Shahjahan Sheikh has been named in CBI's chargesheet in connection with his alleged role in the attack on the ED's officials in West Bengal's Sandeshkhali on January 5 this year.
He was arrested weeks later amid widespread protests by women alleging rape and sexual abuse by Sheikh and his aides.
Appearing for the Bengal government, senior advocate Abhishek Manu Singhvi said the Sandeshkhali issue should not be blown out of proportion due to political reasons.
Published By: Karishma Saurabh Kalita Published On: Jul 10, 2024
