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Bengal's Power To Withdraw Consent For CBI Probe Not Absolute: Centre In Top Court

Bengal's Power To Withdraw Consent For CBI Probe Not Absolute: Centre In Top Court

NDTV
Friday, October 22, 2021 11:58:37 AM UTC

The Centre submitted an affidavit in response to a lawsuit by Bengal alleging that CBI is going ahead with its probe into the post-poll violence cases without securing the pre-requisite nod from the state under the law.

West Bengal's power to withhold consent to the CBI is not absolute and the probe agency is entitled to carry out investigations against Central government employees or that have a pan-India impact, Centre told the Supreme Court today.

The Centre submitted an affidavit in response to a lawsuit by the West Bengal government which alleged that the Central Bureau of Investigation (CBI) is going ahead with its probe into the post-poll violence cases without securing the pre-requisite nod from the state under the law.

It told the top court that the Union of India has not registered any case in West Bengal nor has it been investigating any case.

"Yet, as is evident from the prayers, each and every prayer in the present suit is directed either towards restraining the Union of India from investigating any case or towards quashing cases where the Union of India has allegedly registered FIRs. On the other hand, it is the Central Bureau of Investigation (CBI) that has registered FIRs and investigated cases, but strangely, the CBI is not made a party to the suit," the 60-page affidavit filed by the Department of Personnel and Training (DoPT) stated.

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