Read Time: 04 minutes

Synopsis

The Supreme Court has stayed the proceedings in the post-poll violence cases in West Bengal on a plea by the CBI to shift those outside the State as complainants, witnesses, and even counsel are being openly threatened and intimidated over there.

Acting on the petition by the CBI, Justice Sanjay Karol issued notice to the West Bengal government.

The CBI sought a direction to transfer multiple cases lodged following a series of violence after the Assembly polls in 2021 outside the State.

The bench also allowed a request made by Additional Solicitor General S V Raju, appearing for the CBI for publication of the notice in local newspapers.

The CBI urged for the transfer of cases, which are pending trial at various courts, within the State of West Bengal to any other place outside the State.

"The officers, officials, the complainants, advocates and the witnesses are being openly threatened and intimidated, thus obstructing and impeding the cause and course of justice," he said.

"Despite the matter having been brought to the notice of the authorities, no action at the ground level appears to have been taken," the bench noted.

Raju also drew specific attention to the complaint made on July 13, 2022 by the petitioner’s lawyer pointing out as to how even he is being threatened. 

He also relied upon the report of the inquiry committee of July 12, 2021, prepared by the National Human Rights Commission, categorically recommending trial of all cases investigated by the CBI to be held outside the State of West Bengal. 

"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," the bench ordered.

The court directed the Director General of Police, West Bengal to ensure compliance of the order and also file his personal affidavit reporting compliance.

"In the meanwhile, further proceedings of the trial referred to in the prayer clause at page 58 onwards of the instant petition, shall remain stayed," the bench ordered.

Case Title: Central Bureau of Investigation vs. the State of West Bengal & Ors