The Supreme Court in the case Central Bureau of Investigation v. State of West Bengal And Ors. observed and has stayed the proceedings in various trial courts across the state related to incidents of alleged violence following the 2021 state assembly polls.
The bench headed by single-judge Justice Sanjay Karol in the case observed wherein the transfer petition was filed by the Central Bureau of Investigation, CBI, seeking to relocate the cases outside of West Bengal due to concerns of witness intimidation and threats to the course of justice.
It has been alleged by the Central agency in the plea moved that the witness and counsel intimidation, while highlighting their detrimental impact on the judicial process.
It has also been argued by the CBI that judicial intervention is required since no action has been taken despite complaints lodged with state authorities.
The CBI in the case also referred to a report of the National Human Rights Commission recommending trial of all cases investigated by the CBI to be held outside the State of West Bengal.
The court in the case observed and has issued the notice on the CBI’s plea returnable on March 11.
Further, the bench stayed the further trial proceedings in the cases specified in the probe agency’s petition. Thus, the Response has not only been sought from the West Bengal government, but over 400 respondents impleaded in the action.
The court at the request of the counsel, Additional Solicitor General SV Raju’s requested that these respondent will be served through the standard procedure as well through publication in local newspapers.
However, the court also issued the directions wherein it mandates the Director General of Police, West Bengal, to ensure compliance with the order and submit a personal affidavit confirming adherence.
The court stated that the genesis of this judicial intervention can be traced back to the aftermath of the 2021 state assembly elections in West Bengal, marred by allegations of post-poll violence and widespread unrest and the amidst reports of displaced individuals being denied the right to return to their homes. The Calcutta High Court in the case observed and has ordered the formation of a committee to address the situation.
The report has been submitted by the National Human Rights Commission, NHRC before the court accusing the ruling party of orchestrating a ‘law of ruler’ regime, rather than upholding the rule of law. The NHRC report recommended that serious offenses, including murder and rape, be investigated by the CBI and tried outside the state to ensure impartiality.
The court stated that the West Bengal government has consistently questioned the NHRC report, expressing concerns about its impartiality and validity.