The Supreme Court cancelled bail for four accused in a brutal post-poll attack in West Bengal, calling it a grave threat to democracy. It ordered their surrender and fast-tracked the trial, ensuring protection for the victim and witnesses.
New Delhi: Today, On May 30, In a strong decision, the Supreme Court of India has cancelled the bail of four people who were accused of attacking a house, vandalising it, and attempting to sexually harass a woman during the post-election violence in West Bengal in 2021.
The top court called this act a “grave attack on the roots of democracy” and ordered the accused to surrender within two weeks.
A bench of Justices Vikram Nath and Sandeep Mehta passed the judgment while hearing an appeal filed by the Central Bureau of Investigation (CBI).
The CBI had challenged the Calcutta High Court’s orders from January and April 2023 which had granted bail to the four accused persons.
The Supreme Court was firm in its view and said that the accused must be taken into custody again. It also ordered the trial court to complete the entire trial within six months.
The Court further directed the West Bengal state home secretary and the Director General of Police to ensure the safety and protection of the complainant and all key witnesses in the case.
This was important so that they can give their statements in court freely without fear of any threats or pressure.
The Supreme Court said this attack was not a simple crime but something much more serious. It was committed in a way that reflected political revenge.
The complainant in the case had said that he was a supporter of the Bharatiya Janata Party (BJP), and that the accused people had attacked his house only because of his political support.
The CBI told the Supreme Court that even though the chargesheet had already been filed in 2022, the trial could not move forward properly because the accused were not cooperating.
According to the complainant, the accused entered his house, broke things, pulled his wife by her hair, disrobed her, and were about to sexually assault her.
However, the complainant said that the accused ran away when his wife poured kerosene on herself to set herself on fire. He also said that the local police did not even file a case when he went to them.
Justice Sandeep Mehta, who wrote the judgment for the Supreme Court bench, said clearly:
“The reprehensible manner in which the incident was perpetrated shows the vengeful attitude of the accused persons and their avowed objective to subdue the supporters of the opposite party into submission by hook or crook.”
He also added that
“the complainant’s house was attacked on the day of the election results to wreak vengeance because he supported the BJP.”
He further said:
“This is a grave circumstance which convinces us that the accused persons, including the respondents, herein, were trying to terrorise the members of the opposite political party whom the accused respondents were supporting.”
The court also said that allowing the accused to remain free on bail could disturb the trial process and affect the fairness of the proceedings.
It said:
“On both counts, the nature and gravity of the offence, which is nothing short of an attack on the roots of democracy and the imminent likelihood of the accused adversely affecting a fair trial, the bail granted to the accused…has to be cancelled.”
The Supreme Court warned the accused that if they failed to surrender within the given time, the trial court should use strict measures to bring them into custody. It stated that when they surrender or are arrested, they must be kept in judicial custody.
The bench added that if there are any stay orders passed by any other court, including the high court, on this trial, they will now be considered cancelled. The trial must be done quickly and finished within six months.
The top court gave strong instructions to the state authorities to ensure that the complainant and the witnesses are protected from any threats or harm.
The court said that their protection is important so that they can come to court and speak the truth without fear.
It was also stressed that the trial should not be delayed just because the complainant or witnesses are afraid to come forward.
The CBI had arrested the four accused in November 2022 after the Calcutta High Court had earlier directed the agency to investigate all cases of post-poll violence in West Bengal, especially those involving serious crimes like murder, rape, and attempts to rape.
The violence had broken out in different parts of the state after the results of the 2021 Assembly elections were declared in May.
The Trinamool Congress (TMC) returned to power with a majority, while the BJP was hoping to form the government.
The TMC, on its part, said that the law and order situation at the time of the violence was under the control of the Election Commission due to the model code of conduct.
It also claimed that after Mamata Banerjee took charge again as the Chief Minister, she handled the situation effectively.
CASE TITLE:
Central Bureau of Investigation v. Sekh Jamir Hossain and Ors. and connected case Criminal Appeal No. 2880 of 2025 and connected case
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