WB violence: SC notice to govt on plea against probe

West Bengal post-poll violence: SC notice to Centre on State's plea against HC order for CBI probe

Sibal also asked the court to make an observation that the CBI probe into the matter will be subject to the outcome of the case in the top court

The court fixed the matter for further hearing on October 7. Credit: PTI File Photo

The Supreme Court on Tuesday sought a response from the Centre and others on a plea by West Bengal government against the Calcutta High Court's order for a CBI probe into cases of murder and crimes against women during the post-poll violence in the state.

A bench of Justices Vineet Saran and Aniruddha Bose, however, declined to pass any directions to the CBI to not lodge any further FIRs in the matter.

After hearing detailed arguments by senior advocate Kapil Sibal on behalf of the West Bengal government, the bench said, “You have made out the case for issuance of the notice. Let us see. We will give a short time for respondents to file counter”.

Also Read | CBI takes over 2 more cases related to WB post-poll violence

As Sibal asked the court to pass a direction to CBI to not register any more cases in the matter, the bench said, “We don't have to do it. It is only a week, nothing will happen”.

Sibal contended the CBI was issuing notice to police officers in the cases. 

To this, the bench said, “You have argued about natural justice, we should not pass any order without hearing the other side”. 

The court fixed the matter for further hearing on October 7.

Also Read | CBI summons Mamata Banerjee's election agent in post-poll violence case

Sibal also asked the court to make an observation that the CBI probe into the matter will be subject to the outcome of the case in the top court. 

The bench said, “We don't need to say that. It is understood so even without passing a specific order."

The Calcutta High Court's five-judge bench had on August 19 ordered a CBI probe into "heinous crimes of murder and rape" in the state after the Assembly elections results were announced on May 2.

In his contention, Sibal said that the High Court went by allegations made in the PILs by the BJP candidates and a "biased" report by the NHRC teams which also contained members openly affiliated to the ruling party at the Centre. He also claimed the High Court did not give the state government any opportunity to explain what action it took on the cases.

Check out latest DH videos here

Get a round-up of the day's top stories in your inbox

Check out all newsletters

Get a round-up of the day's top stories in your inbox