The Supreme Court, during the hearing of the transfer petition filed by the Central Bureau of Investigation (CBI), reprimanded the CBI for making an assertion that there is a hostile environment prevailing in the courts in West Bengal, therefore, casting aspersions on courts in West Bengal.

Incidentally, recently, a District Judge of South 24 Parganas District of West Bengal had written a letter to the Registrar of the Calcutta High Court suggesting that that West Bengal Police is targeting Judges in Diamond Harbour Sub Division. A BJP leader had then said that the Supreme Court must take suo moto cognizance of the matter.

Today, the Court was hearing a transfer petition preferred by the CBI seeking the transfer of the pending cases in the State of West Bengal in relation to the 2021 post-poll violence, citing threats received by the officials, complainants and Advocates during incidents of violence during the 2021 State Assembly Polls.

The Bench of Justice Abhay S Oka and Justice Pankaj Mithal ordered, "Paragraph 3 contains the grounds for transfer. In paragraph 3 (A) and (B), scandalous allegations have been made against all the courts in general in West Bengal. It is repeatedly asserted that there is a hostile environment prevailing in the courts in West Bengal. This averment we find at least at three places. It is very unfortunate that a Central Agency like CBI has chosen to cast aspersions on courts in West Bengal. Facing this difficulty, Learned ASG seeks permission to withdraw the petition. ASG also states that there was no intention for casting such aspersions towards Courts in West Bengal. However, the averments in the petition are to the contrary."

Justice Oka said, "What kind of grounds you have taken in your petition...that "hostile environment is there in all courts of West Bengal", what is this?...these are casting aspersions on Judiciary...How can such statements be made."

"You are branding all courts that hostile environment is everywhere, what is this?", the Court remarked.

ASG SV Raju, appearing for the CBI, submitted, "It has nothing to do with the Courts."

Justice Oka replied sternly, "It has everything to do with the Courts...please read paragraph..."In the light of hostile environment prevailing in all courts of West Bengal"...as if all Courts are bad."

ASG Raju said, "My Lords are right, there has been a mistake."

Justice Oka remarked, "Suppose we transfer matters then we are certifying that there is hostile atmosphere over all the courts in the state, courts are not functioning..."

ASG Raju requested, "I will make the amendment."

Justice Oka, "No amendment, withdraw this...Your officers may not like a particular state, your officer may not like a judicial officer, but don't brand that the entire judiciary under hostile environment..."

ASG Raju replied, "I was of the view that individual petitions should have been filed...it is a loose drafting."

Justice Oka sternly said to ASG Raju, "It is not about loose drafting, this is very serious. It is a fit case of contempt against a person who has affirmed the Affidavit. How can you cast aspersions on the judiciary?... Something has to be done, first, your officer has to withdraw the statements about the judiciary in West Bengal. Then we will consider..."

ASG SV Raju requested the Court not to take any action and accepted that it was a very loose way of drafting and requested to withdraw the transfer application.

The Court pointed out various paragraphs in the Application which were written in this manner.

Justice Oka remarked, "The judges can't defend themselves. The district judges, civil judges and sessions judges can't come here and defend themselves."

Previously, the Court had stayed the proceedings pending before various trial courts across the State of West Bengal in relation to the incidents of violence during the 2021 State Assembly Polls.

The report of the NHRC had categorically recommended the transfer of investigation to CBI stating that there was a need to provide justice to victims and restore their confidence in the Criminal Justice System, which could be best rendered by a neutral agency. Therefore, the NHRC had recommended that all heinous cases, including murder, Unnatural Deaths, rape and grievous hurt, and complaints carrying the allegations, should be transferred to the CBI for investigation.

Accordingly, the transfer petition was withdrawn by the CBI.

Cause Title: Central Bureau Of Investigation v. The State Of West Bengal & Ors. (Transfer Petition (Cri.) Diary No(s). 51357/2023)

Justice Abhay S OkaJustice Pankaj MithalWest BengalCBI

Aastha Kaushik