The Supreme Court has issued a temporary stay on the ongoing trial proceedings in West Bengal, prompted by a transfer petition from the Central Bureau of Investigation (CBI) expressing apprehensions about threats to witnesses and counsel. The CBI contends that despite complaints, state authorities have not taken necessary actions, thus advocating for the relocation of the cases to a jurisdiction outside West Bengal.
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The Supreme Court issued a stay order on Wednesday, suspending ongoing proceedings in various trial courts in West Bengal related to incidents of purported violence following the 2021 State assembly polls (Central Bureau of Investigation v. State of West Bengal and ors).
The decision was made in response to a transfer petition filed by the Central Bureau of Investigation (CBI), urging that the cases be relocated outside West Bengal due to concerns over the safety of witnesses and counsel.
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“The witnesses and counsel are facing threats, obstructing the course of justice, and despite complaints, the State authorities have been inactive,”
-asserted the CBI.
Justice Sanjay Karol, presiding over the case, called for responses from the West Bengal government and the parties involved in the original cases. Additionally, he directed the Director General of Police, West Bengal, to ensure compliance with the order and submit a personal affidavit confirming adherence. Until further notice, the court ordered a stay on the proceedings mentioned in the petition, emphasizing the need to address the issues raised by the CBI.
Representing the CBI, Additional Solicitor General SV Raju, along with Advocates Annam Venkatesh, Zoheb Hussain, Swati Ghildiyal, Munisha Anand, and Mukesh Kumar Maroria, presented the agency’s case.
Meanwhile, the Supreme Court is already handling a plea from the West Bengal government, which contends that the CBI is conducting investigations and filing criminal complaints without obtaining approval from the State government.
In September 2021, the Court sought the Central government’s response to the West Bengal government’s plea challenging the Calcutta High Court’s decision to initiate a CBI probe into cases of murder and crimes against women stemming from post-poll violence in the State.
The High Court’s decision followed an examination of a report by a seven-member committee of the National Human Rights Commission (NHRC), tasked with investigating complaints of post-poll violence. This committee was formed in the aftermath of the Assembly elections in May 2021.
After the election results, individuals displaced by the violence approached the High Court, alleging that they were being prevented from returning home by members of the ruling All India Trinamool Congress party.
On May 31, the High Court ordered the creation of a three-member committee to facilitate the return of displaced individuals to their homes. NHRC Chairperson Justice Arun Mishra then constituted a seven-member committee, whose report accused the ruling Trinamool Congress of establishing the “law of ruler” instead of the “rule of law” in the State.
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The committee recommended that serious offenses, including murder and rape, be investigated by the CBI, with the trials held outside the State. It also suggested that a court-monitored Special Investigation Team (SIT) handle other cases, with fast-track courts, a Special Public Prosecutor, and a Witness Protection Scheme in place.
“The other cases should be investigated by a court-monitored special investigation team (SIT). For adjudication, there should be fast track courts, Special PP and Witness Protection Scheme,”
– stated the 50-page NHRC report.
