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Synopsis

The Supreme Court on Thursday set aside a Calcutta High Court ruling ordering a CBI investigation into the February attack on Union Minister Nisith Pramanik's convoy in Cooch Behar district.

A three-judge bench led by CJI DY Chandrachud, Justices P S Narasimha and J B Pardiwala allowed the state government's appeals. The bench stated that the judgment of the Calcutta high court dated March 28, 2023, did not mention anything about the progress claimed to have been made by police in the investigation.

Further, the bench said that the high court "did not apply its mind to the material which was produced before it by the petitioners bearing on whether a proper investigation was being conducted.

The bench has urged the High Court to reconsider the evidence presented by the West Bengal police and decide whether the case requires a CBI investigation.

Further, the CJI stated that the High Court was informed of 21 arrests made by the police; 6 particular incidents of ransacking and damage were registered as well, and 5 accused were arrested but the High Court had not noted any of these facts.

Background:

The Calcutta High Court by order dated March 28, 2023 transferred Nisith Pramanik’s convoy attack case to CBI to ensure a fair and unbiased investigation.

A division bench of Chief Justice Prakash Shrivastava and Justice Rai Chattopadhyay was hearing a writ petition filed by Suvendhu Adhikari, an MLA and Leader of Opposition in the West Bengal Assembly seeking CBI probe in Nisith Pramanik’s convoy attack case that took place on February 25, 2023, at Cooch Behar district.

The bench noted that the allegations, in this case, were against the workers of the ruling party of state and there was a fair chance that State Police may not fairly carry out the investigation.

After hearing both parties, the court explained the settled legal position that the extraordinary power to transfer an investigation to the CBI should be used sparingly, cautiously, and only in exceptional circumstances where it is necessary to provide credibility and confidence in investigations.

The bench relied on the case of Punjab and Haryana High Court Bar Association, Chandigarh through its Secretary vs. State of Punjab and Ors. (1994) where the Apex Court in a case of murder of an advocate had transferred the matter to CBI to do complete justice in the matter and to instill confidence in the mind of the public.

Top Court's Observations:

The Apex Court stated, "We are of the considered opinion that it would be appropriate to remand the matter to the high court to apply its fresh mind to the material that has been placed on record, including the additional material that has been placed before this court."

The bench also directed that the Calcutta High court would be at liberty to reconsider whether the investigation by the state police authorities was fair and proper, and if not, whether a case could be made for transferring the investigation to the CBI.