“How Can You Say…”: Top Court Scolds CBI Over Bengal Post-Poll Violence Plea

The Supreme Court on Friday rebuked the Central Bureau of Investigation over the wording of a plea asking that cases related to violence after the 2021 Bengal election be heard outside the state.

The CBI had filed a petition in December to transfer these cases citing concern over the possible intimidation of witnesses. However the language of that petition – which included references to a “hostile environment prevailing in the courts (in Bengal)”, irked the top court.

A bench of Justice Abhay S Oka and Justice Pankaj Mithal took exception to the federal agency casting aspersions against the “entire judiciary in Bengal”. “… you are talking as if there is a ‘hostile environment’ in the whole of Bengal…” the court told Additional Solicitor General SV Raju, appearing for the federal agency, “Mr Raju, what kind of grounds are taken in this plea?”

“How can you say this… how can you say ‘hostile atmosphere prevails in Bengal courts’? Your officers may not like the judicial officers but don’t make such statements,” the CBI was told.

The agency was warned of contempt of court proceedings but after Mr Raju apologised, and acknowledged the petition had been “loosely drafted”, the court allowed its withdrawal.

A fresh petition will be filed, Mr Raju told the court.

The CBI had been mandated by the Calcutta High Court to investigate, with help from a special police team, “heinous crimes of rape and murder” and other complaints of violence after the results of the 2021 election were declared.

The Assembly poll saw Chief Minister Mamata Banerjee’s Trinamool Congress retain power despite a strong challenge from the Bharatiya Janata Party, but the election period and that after were marred by shocking reports of violence across the state; multiple videos and images of atrocities, that each party claimed had been perpetrated by the other, flooded social media.

The High Court, in its directions, had criticised the state police for not filing complaints when presented with possible major crimes, such as rape or murder, and sometimes displayed a “predetermined mindset to take a case in a particular direction”, apparently to favour the accused who, in many cases, were identified as workers or supporters of the ruling party.

The BJP has welcomed the judgment, calling it “historic” and a vindication of its claims, while the Trinamool expressed unhappiness over the CBI being summoned.