New Delhi (PTI): The Supreme Court on Wednesday adjourned till May 1 the hearing on a lawsuit filed by the West Bengal government that has accused the CBI of going ahead with its probe in post-poll violence cases without securing the prerequisite nod from the state.

A bench of Justices B R Gavai and Sandeep Mehta deferred the matter after Solicitor General Tushar Mehta sought adjournment, saying he has to appear before a nine-judge Constitution bench.

"I know I have sought adjournments on quite a few occasions, but today my turn is coming before Constitution bench. It is not within my control," Mehta told the bench.

Senior advocate Kapil Sibal appeared for the West Bengal government.

The West Bengal government has filed an original suit in the apex court against the Centre under Article 131 of the Constitution, alleging that the CBI has been filing FIRs and proceeding with its investigation, despite the state having withdrawn the general consent to the federal agency to probe cases within its territorial jurisdiction.

Article 131 empowers a state to move the Supreme Court directly in case of a dispute with the Centre or any other state.

On November 16, 2018, the West Bengal government withdrew the "general consent" accorded to the Central Bureau of Investigation (CBI) to conduct probe and raids in the state.

 

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Mumbai, May 5: The BJP has written to the Election Commission of India seeking action against Congress and the opposition leader, Vijay Wadettiwar, for allegedly peddling lies and defaming its Mumbai North Central nominee and ex-26/11 prosecution lawyer Ujjwal Nikam.

Wadettiwar, the leader of the opposition in the Maharashtra legislative assembly, purportedly called Nikam an "anti-national" and accused him of hiding the information that then Maharashtra ATS chief Hemant Karkare wasn't killed by Kasab's bullet during the 26/11 terror attack, but fell to a bullet of a policeman affiliated to RSS.

His allegations were based on the book "Who Killed Karkare" written by retired police officer SM Mushriff.

"As a responsible leader, the opposition leader should desist from making such comments that can help the enemy nation," Nikam said.

Terming Wadettiwar's statements as "false and not based on facts", Mumbai BJP president Ashish Shekar claimed they were aimed at defaming Ujjwal Nikam and inciting emotions.

"We have written to the Election Commission of India seeking action against Wadettiwar who is a star campaigner (of Congress) and also against the Congress party for peddling lies," he added.

Shelar further said (Ajmal) Kasab was sentenced to death for killing innocent people after following a due process of law.

Kasab was the lone terrorist who was captured alive by Mumbai Police during the 26/11 terror attack by Pakistani terrorists in which at least 166 people were killed and several others were injured.

Shelar wondered whether Shiv Sena (UBT) chief Uddhav Thackeray supported the statement made by the Congress leader.

A former special public prosecutor, Nikam had represented the state in high-profile cases like the Mumbai serial bomb blasts and the 2008 Mumbai terror attack.

He is making his political foray from Mumbai North Central seat on a BJP ticket and is pitted against city Congress chief Varsha Gaikwad.