The West Bengal government has filed a plea in the Supreme Court questioning the Calcutta High Court's orders which allowed the CBI and the Enforcement Directorate to investigate the recruitment scam in various municipalities over there.
The top court, however, declined to grant urgent hearing in the matter.
The state government asked the court to allow its appeal and grant interim stay on May 22 order.
On behalf of the state government, advocate Sunil Fernandes urged a bench of Justices Sudhanshu Dhulia and K V Viswanathan to grant urgent hearing.
He said the protection was required as agencies were about to proceed with their probe.
Solicitor General Tushar Mehta on behalf of the CBI and the ED asked how the state can raise such a plea.
"If an accused had moved the court, it could have been understood," he said.
The bench, however, said the matter could be heard in July after vacation. The court asked the counsel to mention it again on reopening of the court.
On May 26, the top court had allowed the CBI and the Enforcement Directorate to investigate the role of Trinamool Congress national general secretary and Lok Sabha MP Abhishek Banerjee in the multi crore teachers recruitment scam in West Bengal schools.
In the instant case, a division bench of the High Court had on May 22 declined to grant an interim stay on the previous order by a single judge bench. The court had then refused to interfere with the order of April 21, 2023 passed by Justice Abhijit Gangopadhyay and subsequently modified by the judgement of May 12, 2023 by Justice Amrita Sinha.
The state government said the order passed by court allowing the investigation by CBI and ED, is a feeble attempt to overreach the orders passed by apex court with impunity, and to cast aspersions on the state government, in a proceeding, where no opportunity has been given to the state to investigate into any alleged offence, thereby usurping their powers, in a cavalier manner.
It claimed the division bench erred in law as the single judge did not have the roster/determination to hear matters either relating to criminal proceedings or relating to municipal authorities, thereby transgressing its powers and jurisdiction, which makes the order ex-facie illegal.
In its plea, the state government contended even if it is assumed that the ED had discovered certain information regarding proceeds of crime, during the course of investigation, as per the procedure, it was duty bound to share the same with the ‘concerned authority’ for necessary action, which in the instant case should have been the state police not the CBI.
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