The Supreme Court today has refused to issue any interim order in the original suit filed by the State of West Bengal against Union of India raising the issue of continuous registration of FIRs by the CBI in the state despite the fact that the State Government has withdrawn the permission 3 years back in this regard.
The matter was listed before the bench 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 has not been followed and directed the registry to issue notice to Union of India. As in the procedure of listing 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.
The Court asked Senior Advocate Kapil Sibal, representing the petitioner, that how the matter was listed before the Court.
Sibal submitted that only because of the interim relief that we have sought registry might have listed this matter before Court.
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Justice Rao replied interim relief is only possible after issuing notice, we cannot pass any ex-parte order. The court further held that there is no procedure for listing of suits before Court without issuing notice to the respondents. In this case, the procedure has not been followed.
Sibal prayed the Court to look into the seriousness of matter and direct the registry to issue notice and put it up for interim relief any day. Granting relief to the petitioner, the Court directed the registry to issue notice and then thereafter list the Interlocutory application of petitioners before Court and directed it be listed after four weeks.