The Supreme Court on Wednesday said it would hear on May 2 the arguments on a lawsuit filed by the West Bengal government, alleging that the CBI proceeded with its probe without obtaining the necessary approval from the state.
West Bengal Government
The West Bengal government filed an original suit in the top court against the Centre under Article 131 of the Constitution, claiming that the CBI continued to file FIRs and conduct investigations, despite the state withdrawing general consent for the federal agency to probe cases within its jurisdiction.
Article 131 pertains to the Supreme Court’s original jurisdiction in disputes between the Centre and one or more states.
Constitution Bench
A nine-judge Constitution bench, led by Chief Justice D Y Chandrachud, is deliberating on whether private properties can be considered “material resources of the community” under Article 39 of the Constitution. This consideration would determine if such properties could be acquired by the State and distributed among citizens for the “common good.”
“I am seeking permission until 2 pm. The Constitution bench will conclude by 2 pm,” Mehta informed the bench.
The bench suggested alternative arrangements could have been made. Mehta explained the constraints, stating the Constitution bench had previously indicated it wanted lawyers to conclude arguments by 1 pm on the given day.
The bench acknowledged the situation and agreed to resume the matter at 2 pm.
During the post-lunch session, Mehta informed the court that the Constitution bench was still in session.
“If you prefer, we can resume tomorrow,” the bench offered, recognizing the solicitor general’s necessity before the Constitution bench.
Consequently, the court scheduled the matter for Thursday and urged both sides to conclude arguments before the apex court’s summer vacation begins on May 20.
