Very unfortunate that CBI casting aspersions on judiciary in Bengal: SC

The Supreme Court on Friday, 20 September, termed it “very unfortunate” that the Central Bureau of Investigation (CBI) cast aspersions on the entire judiciary in West Bengal in a plea seeking transfer of trial proceedings in the post-poll violence cases outside the state.

Taking strong exception to the averments made in its transfer petition, a Bench headed by Justice Abhay S. Oka said that the CBI cannot “cast aspersions on the judiciary in the entire state of West Bengal. There are blanket averments that judges are illegally granting bail. How can such statements be made? All courts in West Bengal, there is hostile atmosphere. What is all this?” asked the Bench, also comprising Justice Pankaj Mithal.

“Suppose, if we transfer the criminal trials on the basis of such averments, then we are certifying that there exists a hostile environment across the state (of West Bengal),” added the justice Oka-led bench.

It went on to say, “Your officers may not like a particular state or judicial officers of a particular state. But, don’t rant that the entire judiciary is under a hostile environment. It is a fit case where contempt proceedings should be initiated against the person who has sworn the affidavit. How can you cast aspersions on courts like this?” Additional solicitor general (ASG) S. Raju, representing the CBI, admitted that it was a case of “loose drafting” and sought permission to withdraw the transfer petition.

“I will withdraw this application and file a fresh application. Let me re-draft the petition, I will move a fresh application,” said ASG Raju.

After hearing the CBI’s clarification, the apex court said, “In transfer petition, scandalous allegations have been made against all the courts in general in West Bengal. It is repeatedly asserted that a hostile environment is prevailing in courts in West Bengal. It is very unfortunate that a central agency like the CBI had chosen to cast aspersions on all courts in West Bengal.”

“The learned ASG states that there was no intention on part of the petitioners of casting aspersions on courts in West Bengal. However, the averments made in the petition are to the contrary,” it noted.

Ultimately, the SC allowed the transfer petition to be withdrawn with a liberty to file a fresh plea, clarifying that all objections raised by the respondents against the proposed transfer are kept open.

In an earlier interim direction, the Supreme Court, in an order passed on February 15 of this year, had stayed the trial proceedings in the post-poll violence cases pending at various courts in West Bengal.

It may be recalled that following the order of the Calcutta High Court, the central investigating agency had lodged several FIRs in cases related to post-poll violence in West Bengal.

ASG Raju had submitted that the course of justice was being impeded by openly threatening and intimidating officials, advocates and witnesses, adding that no action at the ground level appears to have been taken despite the issue having been brought to the notice of the state authorities.

He had referred to the 2021 report prepared by the National Human Rights Commission, which had recommended trial of all cases investigated by the CBI to be held outside West Bengal.

Perusing the material placed on record, the apex court had issued notice to each one of the respondents and directed the West Bengal director general of police (DGP) to ensure compliance of its order.

The SC had ordered, “Standing counsel for the State of West Bengal be also served. Learned ASG states that in addition to normal service, private respondents be also served by way of paper publication in the local dailies, widely circulated within the state of West Bengal. Ordered accordingly.”