Family Of 2021 West Bengal Post-Poll Violence Victim Approaches SC Against Calcutta HC's Order Granting Bail To Two Accused

A Special Leave Petition (SLP) has been filed before the Supreme Court challenging the Calcutta High Court's order dated August 5, 2024, which granted bail to two accused individuals in connection with the murder of Avijit Sarkar.

The petitioners, who is the mother and elder brother of the victim and eyewitnesses to the crime, have raised serious concerns over the High Court's decision, alleging that it overlooked key evidence and legal precedents.

Today, the Bench of Justice Sanjiv Khanna, Justice MM Sundresh, and Justice Bela M. Trivedi, after hearing the matter briefly, said that it would be best that all the points are raised before the bench that is hearing the transfer petition (Criminal Appeal No. 3320 of 2024, Arising out of SLP (Criminal) No. 1506 of 2024). 

Accordingly, the Court listed it for hearing on September 20. 

The case pertains to the brutal murder of Avijit Sarkar during the widespread violence that erupted in West Bengal following the Vidhan Sabha election results on May 2, 2021. According to the petitioners, Avijit was dragged out of his house, strangled with a CCTV camera wire, and then beaten to death with bricks and sticks by a group of assailants. The incident took place in full view of his mother, who lost consciousness after witnessing the horrific act.

The SLP filed through AoR Shoumendu Mukherji argued that the findings of the Calcutta High Court's order are erroneous and overlook crucial facts.

The petition asserted that the names of the accused were indeed submitted on the day of the incident and are mentioned in the charge sheets filed by both the police and the Central Bureau of Investigation (CBI). The petitioners further contended that the High Court's decision is inconsistent with the settled legal position under Section 149 of the Indian Penal Code (IPC), which holds all members of an unlawful assembly accountable for offenses committed in furtherance of the assembly's common objective.

The petitioners also alleged that they have faced continuous threats and intimidation from the accused and their relatives throughout the trial, despite police protection. Numerous FIRs have been filed by the petitioners, detailing incidents of physical assault and threats to their lives. The petitioners fear that the release of the accused will further exacerbate the threats and could potentially lead to more violence against them.

The petitioners argued that the release of the accused poses a significant threat to their safety and that the High Court's order undermines the principles of justice. They are seeking the cancellation of the bail granted to the accused, citing the high likelihood of further attacks and the failure of the investigation agency to present critical facts to the High Court.

Pertinently, on August 5, the Calcutta High Court had granted bail to the accused on the grounds that they were not named in the initial FIR, nor were they specifically mentioned in the statements of the petitioners under Section 164 of the CrPC. The High Court had also cited inconsistencies in the witness statements and the absence of evidence indicating that the accused had threatened witnesses during the trial. Additionally, the ongoing stay on the trial, as ordered by the Apex Court, was considered while granting bail.

"..petitioner has also make out a case for bail on the score of delay in trial. They are in custody for more than two and half years and proceedings have been stayed at the behest of the CBI before the Hon’ble Apex Court. On repeated queries nothing is placed on record to show that the petitioners had threatened witnesses during trial. Under such circumstances, we are constrained to enlarge the petitioners on bail subject to conditions," the Court had ordered. 

Cause Title: Biswajit Sarkar & Anr. v. Central Bureau of Investigation & Ors. [Diary No. 37393/2024]