New Delhi, March 21 (IANS) A three-judge bench of the Supreme Court Wednesday referred to a larger bench the issue of a high court's power to order a Central Bureau of Investigation (CBI) probe without the permission of the state concerned.

A bench comprising Justice B.N. Agrawal, Justice P. P. Naolekar and Justice H.S. Bedi referred the question to a five-judge constitution bench while dealing with a special leave petition (SLP) filed by the West Bengal government in April 2001.

The state had questioned the powers of the Calcutta High Court to order a CBI inquiry into the death of 11 Trinamool Congress workers at Gabreta in Midanapore district in which the workers of the ruling Communist Party of India-Marxist (CPI-M) were allegedly involved.

The state contended that according to a 1946 act, under which the CBI was constituted, the agency could take up investigations only with the prior consent of the state government.

In November 2006, a two-judge bench, while hearing the matter, felt that the question needed examination by a bench comprising three judges.

The bench said: "In our opinion the question of law involved is of great public importance and frequently coming before the courts and therefore, it is necessary that it is settled by a larger bench."

In a related development Wednesday, advocate Bijan Ghosh filed a caveat representing advocate Kalyan Bandhyopadhyay in the Supreme Court apprehending that the West Bengal government might prefer an appeal against the Calcutta High Court order for a CBI probe into the March 14 killings in Nandigram.

The caveat said that let nothing be done in the matter without notice to him to represent the respondent.