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Synopsis

The Calcutta High Court on Tuesday 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.

Suvendhu Adhikari in the plea had stated that two persons whose names had been disclosed in the petition, in a public gathering had instigated the workers of Trinamool Congress Party (TMC) to prevent the movement of Nisith Pramanik or workers of opposition in Dinahata Sub-division of Coochbehar district.

Adhikari had alleged that on February 25, 2023, when Nisith Pramanik was visiting Dinhata Constituency, his car and the convoy were attacked and TMC workers started stone pelting. Further, it was also alleged that the police personnel present on the spot took no step to stop the perpetrators.

He had also submitted that the incident was part of the larger conspiracy to commit bodily harm upon the Union Minister of State in the Ministry of Home Affairs and the allegation was that the State police was one of the orchestrators behind the incident and therefore he prayed before the court to direct the CBI to investigate into the incident.

The counsel for the petitioner submitted that the provocative speeches of two persons were uploaded on social media and that there was a delay in registering the FIR by the police authorities which made it very clear that the police authorities were biased in favour of the ruling dispensation in the State, therefore, the fair investigation was not possible.

When a Union Minister has been attacked, then it becomes a very serious matter, the counsel added.

Advocate S.N. Mookherjee, Advocate General of West Bengal submitted that two FIRs were registered on the complaint and an investigation is in process. He further added that no relief had been prayed to transfer the investigation to CBI and he referred to the verification clause of the petition and submitted that when the petitioner was not present on the spot, he could not verify certain paragraphs on personal knowledge.

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.

It is worth noting that the incident occurred on February 25, 2023, but the FIR was filed at the request of the CISF on February 27, 2023, which supports the petitioner's contention that the State police authorities are unlikely to perform a fair investigation in the matter, the bench said.

Further, the bench observed, “the relationship between the police and those who are directly or indirectly engaged in the incident and can influence the investigation with the police becomes a relevant ground for transferring the investigation to an independent agency.”

Thus, the court transferred the matter to CBI.

Case Title: Suvendu Adhikari v State of West Bengal