2021 West Bengal Post Poll Violence| Supreme Court Stays All Proceedings In Cases Across State On CBI's Plea Seeking Transfer Of Cases Outside State Citing Threats To Witnesses And Lawyers

The directions of the Court came in a transfer petition preferred by the Central Bureau of Investigation (CBI) seeking transfer of the pending cases outside the State, citing threats received by the officials, complainants and Advocates.

Additional Solicitor General S.V. Raju appearing for CBI cited the National Human Rights Commission (NHRC) report dated July 13, 2022 which suggested transfer of investigation outside the State of West Bengal. “The situation in the State of West Bengal is a manifestation of 'Law of Ruler', instead of ‘Rule of Law’. The spatio-temporal expanse of violent incidents in the State of West Bengal reflect the appalling apathy of the State Government towards plight of victims. This was retributive violence by supporters of the ruling party against supporters of the main opposition party. It resulted in disruption of life and livelihood of thousands of people and their economic strangulation. The local Police has been grossly derelict, if not complicit, in this violence”, the NHRC report read.

A Bench of Justice Sanjay Karol observed, “In the attending facts and circumstances, having perused the material placed on record, accounting for the nature of cases and the allegations made therein, issue notice to each one of the respondents arrayed as party in the instant petition. Steps for service be positively taken, as prayed for, within one week. Notice be issued returnable on 11.03.2024”.

It was submitted that the officers, officials, complainants, advocates and witnesses are being openly threatened and intimidated, which was thus obstructing and impeding the cause and course of justice.

It was further stated that despite the matter having brought to the notice of the authorities, no action at the ground level appears to have been taken. Specific attention of the Court was invited to a complaint dated July 13, 2022 made by the petitioner’s lawyer pointing out as to how even he is being threatened.

It is pertinent to note that the report of the NHRC 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 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.

“It is indeed ironical that, in the land of Rabindra Nath Tagore, 'Where the mind is without fear and the head is held high; where the world has not been broken up into fragments by narrow domestic walls'; thousands of its citizens have been subjected to murder, rape, displacement and intimidation, etc. in the last couple of months. If the above-mentioned worrisome trend is not arrested, where the entire might of the governmental machinery has been used (through innumerable acts of omission and commission) for furthering the political objectives of the party in power, the disease may spread to other states also. This may well be death knell for democracy in this great nation. It is high time that the rot is stemmed and this trend is reversed in the interest of having a vibrant democracy in this nation. The nation of 1.35 billion people watches us with bated breath”, the NHRC report said.

Resultantly, while issuing notice to the respondents arrayed in the matter, on ASG’s insistence that in addition to normal service, private respondents be also served by way of paper publication in the local daily newspaper widely circulated within the State of West Bengal, the bench ordered accordingly.

Appearances:

Petitioner: ASG S.V. Raju, Advocates Annam Venkatesh, Zoheb Hussain, Swati Ghildiyal, Munisha Anand, AOR Mukesh Kumar Maroria

Cause Title: Central Bureau Of Investigation v. The State Of West Bengal & Ors.