New Delhi Sept 6(ILNS): The Supreme Court today refused to issue any interim order in the original suit filed by the State of West Bengal against the Union of India raising the issue of Continuous registration of FIR by the investigation agency “Central Bureau of Investigation” (CBI) in the state despite the fact that State Government has withdrawn the permission 3 years back in this regard.
The matter was listed before the bench comprising of Justice L. Nageswara Rao, Justice B. R. Gavai, and Justice B. V. Nagarathna. The court observed that the procedure of listing the original suit before it was not being followed. The bench directed the registry to issue notice to the Union of India.
As per the procedures for listing the original suit before Court, the registry itself issues notice to the respondents and takes evidence. Thereafter the matter comes up for hearing before the court.
Court asked Senior Advocate Mr. Mukul Rohatgi, representing the petitioner, that how the matter was listed before it?
Mr. Rohatgi said that we only sought interim relief that is why we thought that the registry might have listed this matter before the Court.
Justice Rao said that Interim relief is only possible after issuing the notice, we cannot pass any ex-parte order.
Court held that there is no procedure for listing of suits before the Court without issuing notice to the respondents. In this case, the procedure has not been followed.
Mr. Rohatgi prayed the Court to look into the seriousness of the matter and direct the registry to issue notice and put it up for interim relief any day.
Granting the relief to the petitioner Court directed the registry to issue notice and thereafter list the Interlocutory application of petitioners before the Court.
The Court directed the registry to list the matter after four weeks./ILNS/DS/KR/SNG