New
Delhi:
The Bengal government on Wednesday asked the Supreme Court for an urgent
hearing of an original suit accusing the centre and central probe agencies of
violating the federal structure by continuing to register cases in the state
despite the withdrawal of general consent.
Senior
advocate Sidharth Luthra mentioned the suit - filed under Article 131 of the
constitution, which gives the court original jurisdiction to hear disputes
between the centre and a state government, or between two states - before Chief
Justice NV Ramana's bench for urgent hearing.
The
request for the urgent hearing comes a day after the state's challenge of a
Calcutta High Court order permitting a CBI probe into alleged post-poll
violence. The court had ordered the agency to probe charges of rape, murder and
crimes against women after the April-May election.
“Even
after three years of the state withdrawing general consent to the CBI for
registration of cases related to incidents in Bengal, the agency continues to
violate federal structure of governance by registering case suo motu,” the
state government said in court.
“Law
and order, and police were put, as per the constitution, under the exclusive
jurisdiction of the states,” the state added.
It
pointed out that it had withdrawn general consent - that is, permission of the
state government for central agencies like the CBI to conduct investigations in
its territory - in 2018.
“Bengal
government withdrew general consent in 2018. Even after that the CBI has
registered 12 cases related to incidents that took place in Bengal,” the state
said, claiming this to be “illegal and a transgression of the constitutionally
distributed powers between the centre and states”.
For
two years after the Bengal government withdrew general consent the CBI did not
file any cases, apart from those ordered by Calcutta High Court or the Supreme
Court, in the state.
However,
in September last year two were filed, based on a March 2020 Calcutta High
Court order that allowed the CBI to register and probe cases against central
employees.
Since
then 12 have been filed, including the alleged multi-crore scam related to
Eastern Coalfields Limited, on the basis of which the Enforcement Directorate
registered a money-laundering case.
The
centre-state clash over general consent also comes as central agencies
investigate Trinamool Lok Sabha MP Abhishek Banerjee in connection with the
coal scam case.
Mr.
Banerjee and his wife, Rujira, were directed to appear in Delhi for
questioning. Rujira Banerjee was due to appear yesterday, but asked to be
questioned in Kolkata citing her young children.
Mr.
Banerjee and his wife have denied all charges.
A
separate hearing is underway in the Supreme Court to determine the legitimacy
of the FIR in that case; the alleged scam took place in an area under the
centre's control.
Since
2018 several opposition-ruled states have withdrawn general consent, including
Punjab, Jharkhand, Kerala, Maharashtra and Rajasthan, amid protests and
allegations that the BJP-led government at the centre was misusing agencies to
harass political opponents.
Mamata
Banerjee, among the fiercest and most vocal critics of Prime Minister Modi and
his government, has slammed the CBI as a tool of the government used to punish
political opponents.
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