The Supreme Court has intervened in post-poll violence cases in West Bengal, issuing a notice to the state government and temporarily hold back proceedings. The decision, prompted by a CBI plea for case transfer, reflects the court’s commitment to addressing concerns of threats and intimidation.
Thank you for reading this post, don't forget to subscribe!
The Supreme Court of India has taken a decisive step by issuing a notice to the West Bengal government in response to a plea by the Central Bureau of Investigation (CBI) for the transfer of multiple cases. These cases, which emerged in the aftermath of the 2021 Assembly elections, have been marred by allegations of “open threats and intimidation not only to witnesses but to counsel as well.”
ALSO READ: Supreme Court Grants Bail to TMC MLA Manik Bhattacharya’s Son in Money Laundering Case
A bench led by Justice Sanjay Karol has not only issued the notice but also put a temporary halt on the proceedings of the cases in question, as referred by the CBI. This decision came after the court heard the plea from Additional Solicitor General S V Raju, representing the CBI, who argued for the necessity of publishing the notice in local newspapers to ensure wider awareness and compliance.
The central investigative agency’s request to transfer the pending trial cases to a jurisdiction outside West Bengal stems from serious concerns over the safety and impartiality of the legal process. According to Raju, there is a pervasive atmosphere of fear and intimidation affecting officers, officials, complainants, advocates, and witnesses alike, which “obstructing and impeding the cause and course of justice.”
ALSO READ:Seminar on SC’s Judicial Trends and Civil Liberties Set for February 24 in New Delhi
The court’s observation was stark, noting that despite these issues being flagged to the authorities, there appears to be a lack of actionable response at the ground level. This observation was further reinforced by a specific complaint made on July 13, 2022, by the petitioner’s lawyer, highlighting the threats faced personally.
Adding to the CBI’s plea, Raju cited the findings of a report by the National Human Rights Commission (NHRC) dated July 12, 2021. The report, resulting from an enquiry committee’s investigation, strongly recommended that all cases handled by the CBI related to this matter should be tried outside the State of West Bengal, pointing to a significant concern over the state’s ability to ensure a fair trial.
ALSO READ: Supreme Court: Reassessing the Triple Talaq Law in Light of Rights and Constitutionality
Acknowledging the gravity of the situation and the material presented, the Supreme Court bench ordered,
“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.”
Furthermore, the court has directed the Director General of Police, West Bengal, to ensure strict compliance with its order and to submit a personal affidavit detailing the steps taken in this regard.
